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.
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.
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.
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. 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.
You hereby acknowledge and agree that THE LONDON SKIN CLINIC shall not be liable with respect to, and you hereby waive, release, and agree not to take action 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 and 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.
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.
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.
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.
Refunds are not applicable for change of mind.
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 a $50 late notice fee.
If you have pre-paid for an appointment and you fail to attend that appointment, you may forfeit one treatment from your package.
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 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.
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.
Breach & 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.
The following conditions apply to the use of gift vouchers issued by THE LONDON SKIN CLINIC Laser. By purchasing or using a gift voucher with us you agree to be bound by these conditions.
Our gift vouchers:
• 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 THE LONDON SKIN CLINIC’s 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 LONDON SKIN CLINIC. 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.
We may offer you the ability to purchase one or multiple Treatments prior to you receiving those treatments (‘Prepaid Treatment’).
Prepaid Treatments are not transferrable to other individuals. Our Prepaid Treatments expire on the date 18 months from the date of purchase.
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 THE LONDON SKIN CLINIC (‘Site’) (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 THE LONDON SKIN CLINIC (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 Site; (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.
Applicable law and Jurisdiction
All purchases are subject to the laws of South Australia and you agree that any legal action will only be commenced in South Australia, Australia.
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.
‘Products’ means any skincare products offered for sale by The London Skin Clinic; and
‘Treatment’ means any service offered by The London Skin Clinic