Terms of service

COSMETIC QUARTER

ABN: 33 681 992 423

TERMS AND CONDITIONS

Background and Acceptance 

These are the terms and conditions (Terms) under which Cosmetic Quarter Pty Ltd ACN 681 992 423 (“Cosmetic Quarter”, “we”, “us”, “our") will provide our goods and services to you.

By making an appointment booking for our services, you will be deemed to have accepted these Terms which form a legally binding agreement between you and us.

These Terms (including all documents incorporated herein by reference) and other documents that are either consistent with these Terms or expressly agreed upon by us in writing, constitute the entire contract between us relating to the provision of services.

All our terms and policies, including our Privacy Policy, as published from time to time are incorporated into these Terms. 

In the event of a conflict, a quotation or proposal issued by us takes precedence over these Terms, and a written contract covering the same subject matter signed by both of us take precedence over both.

Provision of Services 

We will provide you with our services at times agreed between you and us. We will ensure that our services are performed in a careful, diligent, proper and efficient manner. 

Appointments

Appointments are subject to availability and the applicable pricing for services at the time of booking. If we are unable to supply you with the services for any reason, we will contact you. Upon booking your appointment, we require a non-refundable deposit. Refunds will be provided where required under the Australian Consumer Law.

Lateness and No Show

A late arrival is considered when a client is 15 minutes late to their scheduled appointment. If you are over 15 minutes late to your appointment, your session may be rescheduled if the treatment cannot be completed in the remaining timeframe. If we do not hear from you within the 15 minutes after your appointment time, you will be considered as a “no show”.

If you are a “no show” you will be deemed to have cancelled your appointment, in which case, we reserve the rights to retain your deposit as per the following section. If you are a “no show” on two or more occasions, we require full payment of all future treatments upfront at the time of booking a treatment.

Cancellation

Your appointments and well-being are very important to us. We understand that sometimes, unexpected delays can occur, making it necessary to reschedule. If you need to reschedule or cancel your appointment, we require at least 48-hours’ notice prior to your appointment time. Where you provide less than 48 hours notice, you agree to forfeit and release to us any deposit paid or payment authority granted with respect to the cancelled appointment (Cancellation Fee).

In the event of a true, unavoidable emergency or you are unwell or injured, all or part of the Cancellation Fee may be applied to future services, subject to sufficient proof of emergency or medical certificate. 

If you need to cancel your appointment, please contact the clinic within their opening hours via mobile. In the event that you are unable to speak to a team member on the phone, please email your cancellation request directly to the clinic’s email address and they will return your call as soon as possible.

We reserve the right to cancel your booking where your booking does not otherwise meet these Terms.

Refund 

We do not offer refunds for change of mind. Once a payment is made or a deposit is placed, it is non-refundable unless stated otherwise under our cancellation guidelines.

Once the product or service has been provided, it is non-refundable. We make every reasonable effort to achieve the aesthetic outcome for our patients however there no guarantees are offered in relation to the effects of any procedure performed. 

In some instances, deposits made for cosmetic anaesthetics are refundable. If you attend your appointment but decide not to proceed with the treatment, or if the practitioner determines that you are an unsuitable candidate for the treatment, your deposit will be refunded.

Fees 

A deposit is required at the time of booking for all treatments and services. 

There is a mandatory scripting fee for all clients. The scripting fee will be disclosed to you at the time of booking or otherwise is contained within our pricing materials which will be made available to you. The script is valid for 6 months. A new script is required for all new treatments provided. 

Prices may vary depending on the quantity of product required for optimal treatment. Dose requirements will be at the discretion of the medical practitioner providing the treatment. If additional quantities of product are required for optimal treatment, an additional amount will be charged. 

Our clinic will pass on to you all third-party processing and card fees we incur when accepting payments by direct debit, credit card or after pay service. Processing and card fees may vary from time to time and are excluded from any discount, sale or promotion we offer.

Change in Medical History 

We recommend all patients consult their GP before booking an appointment for our services.

It is your responsibility to inform the clinic if there is a change in your medical history (e.g pregnancy, allergies, or medications). 

In the unlikely event of a medical emergency, paramedics will be called and you may be evacuated to a hospital. All costs relating to the transfer and care of you remain the responsibility of you. 

Photography

Every patient will have photographs taken prior to their first consultation with medical professionals. In making an appointment at the clinic, patients are consenting to this part of the normal procedure of the clinic. Photographs will also be taken again at the requirement of their medical practitioner/therapist. 

Unless you give us written notice to the contrary, your hereby authorise and consent to us displaying your personal image(s) taken by us in the course of providing the services on our marketing materials, website and social media platforms for the purposes of marketing our business. 

Prepaid Treatment Packages 

The full amount of any prepaid treatment is payable prior to the commencement of any treatment. Bookings must be made for each treatment within the package. 

The clinic has a strict ‘no refund’ policy on prepaid treatment packages for change of mind, or in the event you choose to discontinue the treatment. 

Gift Vouchers 

Validity Period: Gift vouchers are valid for 36 months from the date of purchase. Expired vouchers cannot be redeemed or extended.

Redemption: Gift vouchers can be redeemed for services and products in store. They cannot be used for online purchases.

Non-Transferable: Gift vouchers are non-transferable and can only be used by the person named on the voucher. Proof of identity may be required at time of payment for services. 

Non-Refundable: Gift vouchers cannot be exchanged for cash, and no change will be given if the service/product value is less than the voucher amount.

Partial Use: If the full value of the gift voucher is not used in one transaction, the remaining balance can be used for future transactions within the validity period.

Lost or Stolen Vouchers: The clinic is not responsible for lost, stolen, or damaged vouchers. They will not be replaced or refunded.

Booking and Cancellation: Appointments made with gift vouchers are subject to the clinics standard booking and cancellation policies. The minimum notice is required for cancellations or rescheduling, or the cancellation fee will be deducted from the voucher.

Fraudulent Use: Any fraudulent use of gift vouchers will result in the immediate cancellation of the voucher, and the holder will be liable for any costs incurred.

Governing Law: These terms and conditions are governed by the laws of the state in which the voucher was purchased.

Changes to Terms: The clinic reserves the right to amend these terms and conditions without prior notice. 

Promotions

Cosmetic Quarter from time to time may provide promotional offers or campaigns (Promotions). 

Promotions cannot be used in conjunction with each other or other discounts.

Cosmetic Quarter reserves the right to change or end the Promotions at any time without prior notice.

By participating in any Promotion, you acknowledge that you have read, understood, and agreed to comply with these Terms. 

Intellectual Property

In this section “Intellectual Property Rights” means all present and future rights in relation to copyright, media, photographs, videos, fonts, trade marks, designs, formulas, know-how, strategy, patents, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these Terms, and whether in Australia or otherwise.

No change in ownership of our Intellectual Property Rights occurs as a consequence of these Terms or the provision of services to you. 

Confidentiality

In this section “Confidential Information” in relation you and Cosmetic Quarter, respectively, means information of a confidential nature including information about its business, operations, strategy, formulas, inventions, know-how, technique, administration, technology, affairs, clients, customers, employees, contractors or suppliers, but does not include any information which is in the public domain other than through a breach of confidence.

You must keep confidential, and not disclose, any of our Confidential Information except:

1. as permitted under these Terms;

2. with our prior written consent;

3. where you are compelled to do so by law, provided that you give us written notice prior to disclosure.

Indemnity

In this section “Claim” means a claim, action, demand, damage, loss, liability, cost, charge, expense (including legal costs on a full indemnity basis), outgoing, fine or payment.

You indemnify us and our officers, employees and agents (Indemnified Parties) from and against any Claim which any of the Indemnified Parties pays, suffers, incurs or is liable for arising out of or in connection with:

1. any breach of these Terms by you;

2. any breach of law by you;

3. any act or omission of fraud, dishonesty, reckless or wilful misconduct or misrepresentation by you.

Dispute Resolution

Neither you or Cosmetic Quarter will commence court proceedings or action against the other under or in connection with these Terms (Dispute) (other than where urgent interlocutory relief is required) unless you or Cosmetic Quarter have first attempted to resolve the Dispute in accordance with this clause.

You and Cosmetic Quarter will attempt to resolve any Dispute as follows:

1. Either you or Cosmetic Quarter may notify the other in writing of the occurrence of a Dispute and you and Cosmetic Quarter must meet within 5 Business Days or such other time as agreed to discuss and attempt to resolve the Dispute.

2. failing resolution of the Dispute within 10 Business Days after the first meeting between you and Cosmetic Quarter in accordance with a), you and Cosmetic Quarter may agree to refer the Dispute for mediation to be conducted in accordance with the Australian Commercial Disputes Centre (ACDC) Mediation Guidelines and with a mediator as agreed by you and Cosmetic Quarter or, failing agreement, as appointed by the CEO of the ACDC.  If you and Cosmetic Quarter do not agree to do so, either party may commence legal proceedings. 

We may at our absolute discretion elect to withhold performing any further Services in the event of a Dispute.

Disclaimer 

The information contained on the Cosmetic Quarter website, educational materials and any marketing and promotional materials (the Site) is for general guidance and is intended to offer the user general information.

Although the content of the Site is provided in good faith and believed to be correct, Cosmetic Quarter makes no representations or warranties as to the accuracy, reliability, completeness, or timeliness of the Site content or about any results to be obtained from using the content. Although Cosmetic Quarter make a good faith effort to update the Site periodically, we do not have any duty to do so, and we will not be responsible or liable for any failure to do so. The Site is supplied on the condition that you will make your own determination as to its suitability for your purposes prior to use. Your access and use of the Site is at your own risk. We may make changes to the Site at any time or may cease to make some or all of the Site content available in our sole discretion. It is your responsibility to monitor such changes. Cosmetic Quarter make no warranties about the accuracy, reliability, completeness, or timeliness of, nor do we make any commitment to update, correct, maintain, or support the Site, graphics, and links.

The information provided on and through the Site is general information only. Nothing contained herein is to be construed as advice to you or a recommendation to use any product, service, or process. Do not use the Site as a substitute for medical advice or diagnosis. 

The Site and our goods and services are provided on an 'as is' basis, without any express or implied representations, conditions or warranties of any kind. Without limitation and to the fullest extent permitted by law, we disclaim all express and implied warranties or conditions, including title, merchantability, non-infringement, and fitness for a particular purpose. We accept no liability for any error, omission, use of or reliance on the materials provided on the Site and/or our goods and services.

The examples, illustrations, blog posts, “Before and After” pictures, predictions, and results shown on the Site, and other materials provided are indicative only, and not a reliable guide or guarantee of patient outcomes.  Results take time and vary from individual to individual. The time and nature of the results may vary considerably between patients and are affected by a number of factors, including existing health conditions, genetics, previous treatments, diet and exercise. 

Please contact our clinic for further information about the Site and its content.

Subcontracting

We may subcontract any of our rights or obligations under these Terms without giving notice to you.   

Disclaimer of warranty 

We provide the services on an “as is” basis. We do not make any representation or warranty as to the accuracy, completeness, currency or reliability of the services.  Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.

General

Assignment 

You may not assign or novate any of your rights or obligations under these Terms without our prior written consent.  

Relationship

Nothing in these Terms give rise to any relationship of agency, partnership, employment or otherwise between you and us.  

Entire agreement

These Terms constitute the entire agreement between you and us in connection with their respective subject matter and supersedes all previous agreements or understandings between you and us in connection with the relevant subject matter.

Further assurance

Each of you and us must promptly do whatever the other reasonably requires of it to give effect to these Terms and to perform its obligations under these Terms.

Inconsistency

In the event of any inconsistency between:

1. these Terms;

2. any attachments;

the Terms will prevail to the extent of the inconsistency.

Waiver

No waiver of a right or remedy under these Terms are effective unless it is in writing and signed by the party granting it.

Variation

No variation of these Terms are effective unless made in writing and signed by each of you and us.

Governing law

These Terms are governed by the laws of New South Wales and each party submits to the exclusive jurisdiction of the courts of New South Wales.

Counterparts

This document may consist of a number of counterparts and, if so, the counterparts taken together constitute one document. These Terms may be signed and / or accepted electronically.