ODE DERMATOLOGY

ONLINE SERVICE TERMS AND CONDITIONS

1 INTRODUCTION

(a) ODE DERMATOLOGY PTY LTD ABN 36 639 483 631 trading as ODE Dermatology (our, we or us) provides a variety of dermatology services include acne, anti-aging, pigmentation, AviClear, the Dr Shammi Hair Loss Protocol, medical dermatology services, or any other similar treatments offered by ODE Dermatology from time to time, including any consultations before receiving any dermatology treatments (together, “Treatment”).

(b) Treatment can be completed by the Client on a one-off casual basis, via a treatment plan (Treatment Plan). These terms and conditions (Terms) govern ODE Dermatology’s supply of the Treatment to you or where applicable, the person for whom you are the parent or guardian, (the Client, you, your).

(c) By making a booking online or in-person or otherwise making payment for a Treatment (Booking), you automatically become a Client of ODE Dermatology and agree to be bound by these Terms.

(d) We may change these Terms at any time by updating the Terms and Conditions page on our website, being https://odedermatology.com.au/ (Website), and your participation in the Treatment following such an update will represent an agreement by you to be bound by the Terms as amended.

2 BOOKING

(a) To make a Booking, you must first purchase the appropriate Treatment. This can be done via our Website, our third party booking platform, or directly with us at reception. Treatment Plan inclusions are displayed on our Website or curated directly by one of our staff and communicated to you directly.

(b) Your Treatment will take place on the date and at the time of the Booking made through our third party booking platform (or arranged for you in person at reception). Any changes to your Booking should be made via our third party booking platform.

(c) Our bookings are handled by My Health 1st and are subject to their Terms of Services, available here: https://www.myhealth1st.com.au/terms-and-conditions/.

(d) Where you make a Booking online, your Booking is not confirmed until you have paid any required deposit to secure the Booking. If you fail to pay the required deposit within 1 business day, your Booking will be cancelled.

3 Treatments

3.1 General

(a) The types and varying inclusions of Treatment offered by us including Fees and details of inclusions are as set out on our Website from time to time or as communicated to you in writing.

(b) Prior to commencing your Treatment, except where otherwise specified, you must:

(i) prior to completing any Treatment with us, participate in an initial consultation with our staff to ensure that our Treatments align with your needs, expectations, and personal circumstances (Initial Consultation);

(ii) if the Treatment is the first of that type of Treatment, complete an induction consent form providing us with certain information and indicating that you understand the risks, limitations, outcomes, and contraindications related to that Treatment (Initial Consent); and

(iii) at each subsequent session for a particular type of Treatment, a pre-session consent providing us with information about your general wellbeing and confirming any changes to your health circumstances (Pre-Session Consent).

(c) You acknowledge and agree that ODE Dermatology will rely on the information provided by you in the Initial Consultation, Initial Consent and the Pre-Session Consents in determining whether or not the Treatment is suitable for you. We will not be responsible for any loss or damage suffered by you as a result of any misrepresentation, inaccuracy, error, omission, or incompleteness in any information provided to us.

3.2 ONLINE TREATMENT

(a) If you participate in Treatments that are delivered online, including telehealth appointments (Online Treatments), you acknowledge and agree that the Online Treatments will occur via third party online video conferencing applications (Online Service Platforms), which we will notify you of at the time of Booking for Online Treatments.

(b) You will not be entitled to any refund of the Online Treatments if you are unable to attend the Online Treatments due to technical issues caused by you or technology you are using to access the Online Treatments (e.g. poor internet connection or incompatible devices).

(c) You agree to the Online Service Platforms’ terms and conditions, and their policies apply to our provision of the appointments to you. At the time of these terms, the Online Service Platform is myhealth1st, and their Terms of Service are available here: https://www.myhealth1st.com.au/privacy-policy/

3.3 before and after

(a) We may take photographs or record at any time within the premises, including within Treatment, taking individual photos or video footage featuring you or a written testimonial from you (Media).

(b) Where we photograph or record during a Treatment, we will not use any Media which identifies any individual subject in the Media (including, the persons face, name, or any indefinable markings) without that individuals express consent, such as by you signing our marketing consent documentation prior to your Treatment.

(i) we may use the Media and your image/s for the purpose of educational, marketing, or promotional material, including using the Media on our website, social media pages and other channels;

(ii) you assign (including as a present assignment of future copyright) and transfer to us all right, title and interest (including intellectual property rights) in and to the Media, free from any encumbrances or other security interests, including all rights, claims, demands, causes of action, rights of action past, present or future arising out of, or in relation to, the Media; and

(iii) you release us from, and indemnify us against, all claims, actions, demands and liabilities in relation to the creation of Media, which you may have against us.

4 Disclaimers

(a) (Risk of injury) You understand and acknowledge that the Treatments may expose you to risk, including accidents, injury, and illness. You assume all risk of injuries associated with participation in the Treatments, including but not limited to, falls, contact with other participants, equipment failure, risks inherent in receiving cosmetics therapies and the loss of your personal property, and exclude ODE Dermatology from any liability.

(b) (Pre-existing condition) You warrant and represent that you have no injuries, physical restrictions, disabilities or predispositions to sickness or injury (Conditions) that may affect your participation in the Treatment or that if you are aware of such Conditions, you participate in any Treatment provided by ODE Dermatology entirely at your own risk. If you believe a Treatment will not be safe, you must inform the relevant staff of that fact and not participate in such Treatment.

(c) (Results not guaranteed) We make no representations or warranties that a Treatment will bring about any particular result, outcome or improvement, whether aesthetic or otherwise. You acknowledge and agree that participation in a Treatment does not guarantee any particular result or outcome and that results differ for each participant depending on personal circumstances. If you have seen success with a Treatment, this does not guarantee that the same (or another) Treatment type will yield the same results in a subsequent session.

5 Participant’s OBLIGATIONS

5.1 Capacity and Age

(a) You warrant that you have the legal capacity and are of sufficient age to enter into a binding contract with ODE Dermatology.

(b) You acknowledge and agree that if you are under 18 years old:

(i) you have your parent or guardian’s permission to make a Booking for and to participate in the any Treatments; and

(ii) you may only participate in the Treatments with parental or guardian supervision.

5.2 General

(a) You must provide us with all documentation, information and assistance reasonably required for us to provide the Treatment.

(b) You must participate in any briefings and/or introductions as notified by us, which includes the signing of any waiver forms and acknowledging ODE Dermatology’s premises rules prior to engaging in any Treatment.

5.3 INDUCTION

You warrant that you:

(a) will undertake an Initial Consultation with our staff prior to commencing the Treatment;

(b) comply with any safety guidelines, instructions and/or rules that our staff provide to you prior to the Treatment; and

(c) stop participating in any Treatment, and alert us or our staff, if you have any concerns about your health or safety or if you start feeling dizzy, faint, unwell or feel any unusual pain during the Treatment.

6 Booking AVAILABILITY

You acknowledge and agrees that:

(a) unless directed otherwise, you are required to book your Treatment in advance via ODE Dermatology’s Website, third party booking platform, or directly over the phone or at reception;

(b) if you arrive to a booked Treatment at the end of your Booking time allotment or fail to attend at all, your Treatment will be considered missed and in such case will not be entitled to a refund or credit of the value of the Treatment (except where we expressly agree to do so) and, in the case of a Treatment Plan, the missed Treatment will count towards to total number and type of treatments included under that Treatment Plan.

7 PAYMENT

7.1 fees

All Fees are:

(a) as displayed and accepted by you at the time of checkout (Fees);

(b) in Australian Dollars; and

7.2 payment obligations

(a) Unless otherwise agreed, you must pay the Fees in full at the time of purchasing the Treatment or Treatment Plan or pay any deposit specified at the time of purchasing the Treatment or Treatment Plan.

(b) All Fees paid by you, including any deposit, are non-refundable in accordance with clause 9.

7.3 gst

Unless otherwise indicated, amounts stated on our Website do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.

7.4 MEDICARE

(a) (Medicare rebates) If you are eligible for a rebate of some of the Fees from Medicare we will provide a receipt once the relevant Services have been paid in full. You acknowledge and agree that you are responsible for claiming any such Medicare Rebate from Medicare. You cannot claim a Medicare Rebate for any Bookings which you do not attend.

(b) (Health Insurance) You acknowledge and agree that we will not process any health insurance rebate that you may be eligible for on your behalf. You are responsible for claiming any such rebate directly from your health insurance provider.

7.5 card surcharge

We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

7.6 online payment partner

(a) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for the Treatment.

(b) The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider.

(c) We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.

7.7 pricing errors

In the event that we discover an error or inaccuracy in the Fees for your booking, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing the Treatment at the correct Fee or cancelling your booking. If you choose to cancel your booking and the Fees have already been debited, the full amount will be credited back to your original method of payment.

8 THIRD PARTY GOODS AND SERVICES

(a) Any Treatment that requires us to acquire goods and services supplied by a third party on behalf of you may be subject to the terms & conditions of that third party (Third Party Terms), including 'no refund' policies.

(b) You agree to such Third Party Terms and agree to familiarise yourself with any Third Party Terms applicable to any such goods and services.

9 refunds, Rescheduling and Cancellations

9.1 REFUNDS

(a) You acknowledge and agree:

(i) any Fees already paid by you are non-refundable for change of mind;

(ii) if we charge a deposit at the time of purchasing your Treatment or Treatment Plan, that deposit is strictly non-refundable and you acknowledge that the deposit is a genuine pre-estimate of the costs and expenses, such as cancellation fees or other non-refundable expenses, that we would incur because of your rescheduling or cancellation;

(iii) that no refund will be given where a Treatment is unused or missed by you; and

(iv) that no refund will be given for Treatment or Treatment Plans (including partially completed Treatment Plans) which do not achieve your desired aesthetic or cosmetic outcome.

(b) Nothing in this clause is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL) and you may be entitled to a certain remedies (like a refund or replacement) if there is a failure with the goods or services provided.

9.2 Rescheduling and cancellations

(a) While we endeavour to honour all Bookings made in advance, we reserve the right to cancel your Booking for any reason and we will notify you of this as soon as possible and attempt to reschedule. Where we cannot reschedule your Booking and payment has already been debited, the full amount will be credited back to your original method of payment.

(b) Where you have made a Booking for a Treatment, you may request to reschedule your Treatment no later than 2 business days before the Treatment start time.

(c) If you request to reschedule a Treatment with less than 2 business days before the Treatment start time, we may retain any deposit paid and require you to pay a further deposit for the newly reschedule Treatment.

(d) If you request to cancel your Booking (regardless of the amount of time prior to the Treatment), we will cancel your Booking and retain any deposit paid.

(e) Where you arrive late for your Booking, where possible we may agree to continue the Treatment in a shortened appointment. Where there is insufficient time to continue your Treatment, your Booking will be deemed cancelled and your deposit will not be refunded.

10 INTELLECTUAL PROPERTY

(a) You will not acquire Intellectual Property Rights in any ODE Dermatology IP under these Terms or as part of receiving a Treatment.

(b) For the purposes of this clause 10:

(i) "ODE Dermatology IP" means the Material produced, owned or licenced by ODE Dermatology prior to or developed in the course of providing the Treatment, either alone or in conjunction with the Client or others, and any Intellectual Property Rights attaching to that Material.

(ii) "Intellectual Property Rights" means any and all present and future intellectual and industrial property rights throughout the world, including copyright, trade marks, designs, patents or other proprietary rights, confidential information and the right to have information kept confidential, or any rights to registration of such rights whether created before or after the time of Booking, whether registered or unregistered.

(iii) "Material" means tangible and intangible information, documents, reports, drawings, designs, software (including source and object code), inventions, concepts, data and other materials in any media whatsoever.

11 Warranties

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in these Terms are excluded.

(b) Nothing in these Terms is intended to limit the operation of the ACL. Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

12 LIABILITY AND INDEMNITIES

12.1 NO RELIANCE

You acknowledge that in paying for the Treatment, making a Booking, and entering this agreement you did not rely on advice or coercion from ODE Dermatology and that you are satisfied with the condition and suitability of the Treatment for your purposes and goals.

12.2 liability

(a) To the maximum extent permitted by law and subject to clause 12.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you to ODE Dermatology in the 3 months preceding the date of the event giving rise to the relevant liability.

(b) Clause 12.2(a) does not apply to your liability in respect of loss or damage sustained by the ODE Dermatology arising from the your breach of clauses 3, 5, 6, 7, and 13.

12.3 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by ODE Dermatology, except:

(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

13 PRIVACY

You agree to be bound by our Privacy Policy, which is available https://odedermatology.com.au/privacy-policy

14 dispute resolution

(a) A party claiming that a dispute has arisen under or in connection with these Terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(b) A party that requires resolution of a dispute which arises under or in connection with these Terms must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

15 force majeure

(a) If we become unable, wholly or in part, to carry out an obligation under these Terms (other than an obligation to pay money) due to a Force Majeure Event, we must give to you prompt written notice of:

(i) reasonable details of the Force Majeure Event; and

(ii) so far as is known, the probable extent to which we will be unable to perform or be delayed in performing its obligation.

(b) Subject to compliance with clause 15 the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

(d) For the purposes of these Terms, a ‘Force Majeure Event’ means any:

(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;

(ii) strikes or other industrial action outside of the control of ODE Dermatology; or

(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic.

16 NOTICES

(a) A notice or other communication to a party under these Terms must be in writing and delivered via email to the other party, to the email address most regularly used by the parties to correspond (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given 24 hours after the email was sent, or when replied to by the other party, whichever is earlier.

17 GENERAL

17.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

17.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

17.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

17.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

17.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

17.6 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

17.7 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation;

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and

(k) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.