Terms & Conditions

These terms and conditions (Terms) are between Cosmetic Connection (we, us or our) and you (you, user or users), the user accessing our website, social media platforms, Treatments, or information (Service or Services) or our products (Product or Products), whether online, over the telephone or in person. You and Cosmetic Connection, together the Parties and each a Party, enter into this Agreement formed by the Terms in their entirety (including any schedules, attachments or appendices) under which we will provide the Services and Products to you. The Terms must be read in conjunction with the Disclaimer located on this website.

 

Important Booking Information

BOOKING CONFIRMATION: On successfully booking an appointment, you will receive a confirmation email (check your spam folder).

BOOKING DEPOSIT: When you book, you must provide your card details. Depending on your appointment type, you may be required to pay a booking deposit. By booking an Appointment, you consent to being charged a deposit which will be forfeited if you breach our Notice Period For Cancellations & Reschedules policy (in essence, a Cancellation fee is charged). The deposit will be used as credit against the Consultation Fee or Service Fee applicable to your Appointment. Deposits cannot be redeemed for products or gift cards, and cannot be transferred to other people.

BRINGING PEOPLE TO YOUR APPOINTMENT: A maximum of 1 additional person is permitted to join you at your appointment. This includes in our waiting area to ensure the comfort of our other patients.

CANCELLATION FEE: If you cancel or reschedule your appointment with at least 48 hours’ notice, we will charge you a Cancelation Fee equal to 50% of your Booking Deposit for appointments with Dr. Aaron Stanes  (the other 50% will be refunded). You will not be charged a Cancellation Fee for appointments with other team members (if you have paid a Booking Deposit, it will be refunded). If you cancel, reschedule or do not attend your appointment with less than 48 hours’ notice before your appointment start time, we will cancel your appointment and charge you a Cancellation Fee equal to any booking deposit paid for that appointment (in essence, you will forfeit your deposit), or $200, whichever is greater.

CONSULTATION FEE: Subject to our Complimentary Consultation offer, we will charge you a Consultation Fee equal to your Booking Deposit or $200, whichever is greater, if you have an Appointment without undergoing a Treatment. Consultation fees stay on your account and can be redeemed against any future treatment fees; they are not redeemable for products or gift cards, and cannot be transferred to others.

CHILDREN: As a matter of health & safety and to ensure the comfort of our patients, we do not allow children at our clinics. You may be asked to reschedule if you bring children to your appointment.

IDENTIFICATION: We reserve the right to check your legal identification to confirm your age and identity on arrival at our clinic. We may at our sole discretion take a photocopy of your identification document and store it on our practice management software.

INTERSTATE PATIENTS: You may need to stay at least 24-48 hours after your procedure (depending on the treatment performed).

NOTICE PERIOD FOR CANCELLATIONS & RESCHEDULES: We require at least 48 hours’ notice for appointment reschedules and cancellations. If you provide less than 48 hours’ notice or do not attend your appointment, we reserve the right to cancel your appointment and charge you a Cancellation Fee. All requests to cancel or reschedule any Services can be done using our booking portal or must be made in writing by sending us an email with at least 48 hours’ notice before the scheduled start time of your Appointment.

TREATMENT SUITABILITY: You cannot have treatment if you are pregnant, breastfeeding, aged under 18 or within 2 weeks of invasive dental work.

TREATMENT RISKS: All procedures have risk. These will be discussed with you in detail during your appointment. Consider your personal circumstances before proceeding.

 

About the Terms

Cosmetic Connection and its associated websites, social media platforms and clinics provide medical/healthcare/beauty services covering booking(s), clinic(s), staff and general information. We do not provide emergency medical care. If you require immediate medical attention, call 000.

If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using our Services or believe that you, or another person is in an urgent, dangerous or emergency situation, you should not use our Services and instead contact 000 immediately.

Access to and use of the Services, or any of its associated Products is provided by Cosmetic Connection. Please read these Terms and Conditions. By using the Services, you signify that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease using the Services immediately.

 

Acceptance of the Terms

By remaining on this website and using our Services, you accept the Terms in their entirety. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Cosmetic Connection, or by paying a deposit to book a Treatment.

When accepting these Terms, you grant us permission and consent to perform the relevant Treatment on you.

 

Use of the Services

You warrant that any information you give to Cosmetic Connection in the course of using our Services will always be accurate, correct and up-to-date.

You may not use the Services and may not accept the Terms if:

• you are under the age of 18 years; or
• you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are a resident or from which you use the Services.

 

Your obligations

By booking an appointment or making an enquiry with us and using the Services you enter into an agreement to provide us with accurate, up-to-date and complete personal and health information, and to not withhold any information that may affect our decision to provide you with the Services. You agree to advise us immediately and in writing of any changes to your personal health and contact information.

You warrant and agree:

• you have fill legal capacity, right, authority and power to enter into these Terms, to perform your obligations under these Terms;
• these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its Terms;
• to comply with the Agreement and all applicable Laws;
• you are 18 years old or older;
• you have not relied on any representations or warranties made by us in relation to the Services, unless expressly stipulated in these Terms;
• to provide us with a valid proof of identity to be cited and stored in your clinical records prior to us providing the Services;
• that you will provide us all information reasonably necessary to enable us to provide the Services;
• you will undertake a medical assessment prior to Treatment;
• you agree to fully cooperate with us in matters pertaining to your care after your procedure and until you are discharged;
• you agree to keep all follow-up appointments, take all prescribed medications and follow all other instructions from us in relation to your aftercare;
• you agree to keep us informed of any symptoms or concerns that may arise or any changes in contact information including change of address or contact number;
• you agree that we are not liable for any expenses for aftercare provided by another healthcare provider;
• to the extent permitted by applicable law, we cannot guarantee results of any Treatment and that results may vary;
• that we reserve the right to refuse service to you for any reason, at our discretion, and at any time. This includes clinical grounds, psychological ground or a mismatch between desired results and likely results;
• that the information and documentation you provide to us is true, correct and complete; and
• not act in any way that jeopardises us, our associates, staff and related entities in any way.

We reserve the right to pursue legal action and sever the clinician/clinic-patient relationship if you breach these Terms and Conditions or any agreement you have made with us.

 

Accounts

When you create an account with us, make an enquiry with us, or create a booking using our Service, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account and/or appointment on our Service. You must also ensure that you advise us immediately on any and all changes in your contact and personal information, and that you advise your treating practitioner on any and all changes to your health, and any and all information that may affect your treatment or our decision to provide you with our Services.

If applicable, you are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

 

Indemnity

You agree to indemnify Cosmetic Connection, its affiliates, employees, contractors, agents, contributors, third party content providers and licensors from and against:

• all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Services;
• any direct or indirect consequences of you accessing, using or transacting with us or attempts to do so; and
• any breach related to the storage and handling of your personal information.

 

Limitation of liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by (whether directly or indirectly):

• you not providing us with current health and medical information;
• any side effects which occur from the Services including the Treatments, including as a result of your own negligence or you not providing us with your current health and medical information;
• your breach of these Terms, any law or third-party rights;
• any information, documentation or directions given by you; and/or
• any third parties or any goods and services provided by third parties.

Despite anything to the contrary, to the maximum extent permitted by law, and subject to your Consumer Law Rights:

• neither Party will be liable for any Consequential Loss or damage;
• a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss;
• we will not be liable for any special, direct or indirect loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use or provide the Services, the late supply of the Services or when the Services have not been provided for any reason), whether at common law, under contract, tort (including negligence), in equity or pursuant to statute; and
• our maximum aggregate liability for any Liability in relation to the performance of the Services or these Terms will be limited to us resupplying the Services to you or, in our sole discretion, to us repaying you the amount of the Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates.

You expressly understand and agree that Cosmetic Connection its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible or tangible loss.

This clause ‘Limitation of liability’ will survive termination or expiry of these Terms.

 

Your Consumer Law Rights

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Services which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL.

You agree that our Liability for the Services is governed solely by the ACL and these Terms.

Subject to your Consumer Law Rights, we exclude all implied warranties, representations and guarantees of any kind (whether statutory or otherwise), unless expressly stipulated in these Terms.

Subject to your Consumer Law Rights, all monetary amounts paid by you for the Services are non-refundable.

This clause ‘Your Consumer Law Rights’ will survive the termination or expiry of these Terms.

 

Payment

Where the option is given to you, you may make payment for the Services (Service Fee or Fees) by way of:

• credit card payment;
• debit card payment;
• cash payment;
• electronic funds transfer.

Online payments are made using Stripe, Square or Ayden (via the Zenoti platform). Payments made over the phone or in person are made using either Stripe or Square. In using the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the applicable terms and conditions of the applicable service provider (Stripe or Square).

You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

You agree and acknowledge that Cosmetic Connection can vary the Services Fee at any time without notice.

In consideration for us providing the Services, you agree to pay us the Fees, and any other amount payable to us under these Terms, in accordance with the Payment Terms. All amounts are stated in Australian dollars and are inclusive of GST (unless otherwise stated).

You acknowledge and agree that additional procedures or treatments may be required in order to achieve desired results. To the extent permitted by applicable law, and further treatment or services, including the treatment of any side effects or complications, will incur additional fees over and above the Fees paid for the Services.

Credit and debit card surcharges may be applicable and we will notify you at the time of payment if such surcharge or fee is payable.

If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion):

• charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with the Payment Terms; and
• after a period of 5 Business Days, cease providing the Services, and recover, as a debt due and immediately payable by you, all outstanding amounts you owe us and our additional costs of recovery.

You agree to pay the GST amount at the same time as you pay the Service Fee.

 

Refunds and Discounts

Treatments are not discounted as this is against Australian Consumer law regarding prescription medication and medical equipment.

Discounts will not be offered for touch-up treatments, or where additional treatment is required because treatment goals have not been met.

Refunds are not given for unachieved expectations or treatment failure, as these constitute inherent risks of any treatment.

Under no circumstances will treatment be offered at no-charge, unless otherwise explicitly stated in our clinic policies which are subject to change without notice.

 

Treatment Quotes

All prices quoted during online enquiries and in-person appointments are valid for that day only, and are subject to change without notice unless explicitly specified otherwise. The final cost of your treatment may vary from the quote provided during your appointment due to variations in the treatment required.

 

Other Costs

If complications occur, subsequent procedures and treatment may be required. The costs of such procedures and treatment will need to be covered at the patients’ (Your) own expense in full. We take no responsibility and bear no obligation to cover additional foreseen and/or unforeseen expenses related to your treatment with us.

 

Complimentary Top-ups and Touch-ups

All mentions of complimentary top-ups or touch-ups on our website, social media and other communication channels refers to anti-wrinkle treatment only, unless otherwise explicitly specified. Any offer of a complimentary touch-up is subject to an in-person assessment, and is performed at the discretion of the treating practitioner and clinic medical director. We may refuse to provide a complimentary touch-up if in our opinion, you are unsuitable for any reason whatsoever.

 

Prepaid Treatment Packages

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

Cosmetic Connection has a strict ‘no refund’ policy on prepaid treatment packages for change of mind, change of circumstances, or if you choose to discontinue treatments.

 

Free Filler Reversal

Our offer to reverse your dermal filler at no charge within 30 days of your treatment is contingent on an assessment of your suitability for filler reversal by one of our clinical staff. If you are deemed unsuitable then you will not be eligible for our free filler reversal offer. Your suitability for filler dissolving is at the discretion of the consulting practitioner, authorising doctor, and the clinic medical director.

 

Complimentary Consultations

This section does not apply to appointments with Dr. Aaron Stanes. All mentions of a complimentary consultation only refer to your first consultation at Cosmetic Connection. All subsequent consultations will attract a $200 consultation fee unless otherwise explicitly specified.

 

Review Rredits

From time to time, we may offer account credit to those that leave feedback online through services such as ‘Google Business’ and ‘Real Self’. This value of this credit is subject to change without notice, is not redeemable for cash, and is not transferable. We reserve the right to cease the review credit offer at any time without notice or reason. Credits can be redeemed for consultation and treatment fees with us. They can not be used to purchase Retail Products. Accrued credits will expire immediately if we cease our review credit offer.

 

Referral Program

Eligibility

To be eligible for our Referral Program, you must:

• Be an existing guest of Cosmetic Connection
• Be in good standing, have no outstanding debts to Us

Account credit

To accrue account credit:

• You must refer a friend to Cosmetic Connection, and
• The person referred must be new to Us (i.e. not had an appointment with Us before), and
• The person must undergo a treatment, pay the treatment cost in full, and mention your name at the time of checkout

Accrual rate:

• For each new person you refer who undergoes a paid treatment, you earn $50 in account credit, while the referred person gets a $100 discount on their first treatment.

Inclusions, Exclusions & Other Conditions

• There are no limitations in regards to how many people you can refer.
• Account credit cannot be used for discounted services or combined with any other offer.
• Any account credit applied through our Referral Program cannot be transferred to others or redeemed for cash or gift cards.
• Total account credit accumulated through our Referral Program must be used in a single transaction, and cannot be drawn down over multiple appointments.
• Credit is only redeemable for treatments. It cannot be used to purchase product.
• We reserve the right to end our Referral Program at any time. While we will do our best to provide you with notice, we reserve the right to end the Referral Program without notice.
• Any accrued credit will expire if we end our Referral Program.

 

Gift Cards

Our eGift cards (Gift Card) are provided by a third-party (Square). You must ensure that you read and accept the terms and conditions applicable to Gift Cards purchased through Square prior to purchasing a Gift Card.

By purchasing, possessing or redeeming a Cosmetic Connection eGift card, you acknowledge and agree:

• the Gift Card can only be redeemed for the particular service or treatment at Cosmetic Connection;
• the onus is on the purchaser to ensure that the correct email address is entered when purchasing an eGift card;
• the Gift Card is valid for 36 months from the date of purchase, and the Products and/or Services must be purchased prior to the expiry date;
• we are not required and will not send you any reminders of when your Gift Card will expire;
• the Gift card should be treated as cash and cannot be replaced if lost or stolen;
• we are not responsible if a third part redeems your Gift Card without your consent;
• if you are purchasing a Gift Card for another person, you should ensure that they are aware of these Terms, and the relevant expiry date of the Gift Card;

Redeeming your Gift Card:

You can redeem your Gift Card in person and providing the unique Gift Card code.

Gift cards can only be used for Treatments, and not for any Retail Products.

If the amount of your Gift Card does not cover the total price for the Products or Services you wish to purchase, you will need to pay the remainder of the purchase with another payment method, or with another gift card.

Gift Cards are not redeemable for cash and cannot be returned for a cash refund or exchanged. This clause does not seek to limit any rights you may have under Australian Consumer Law. Gift Cards cannot be used to purchase Gift Cards.

Any unused balance will remain as credit on the Gift Card and is not transferable for a cash payment. Additional values cannot be added to existing Gift Cards.

You are responsible for the use and safety of your Gift Card, and are liable for all transactions made using your Gift Card.

Your use of the Gift Card may be declined where there is fraud, deception or reasonable suspicion of illegal activities in connection with your use.

 

Photo, Video and Audio Release

As a requirement of your treatment, we may, at our absolute discretion, collect and process photographs, audio and/or video material of you before, during and after your cosmetic procedure for the purpose of clinical records. By booking an appointment, you agree in full to such content being produced.

With your consent, the produced content may be used for the purpose of creating educational, informative and/or promotional material for use by us and all associated entities. By giving your consent, you agree to release all ownership of all media created during your treatment by the involved practitioners to us and our affiliates for the uses specified above. You understand that to an extent the content used may contain information about your medical history, diagnosis and/or treatment, and is therefore regarded as sensitive data, which by law requires your explicit consent to allow us to use in a public forum. You understand that there will be no financial and/or other remuneration for you, for any use of the content.

 

Information Provided To You

All information provided to you on this website, our social media accounts, by phone call, through direct message, or via email (including our ‘Ask for an opinion’ or ‘Ask an expert’ service), or any other channel is general informational advice only, and not a substitute for an in-person consultation with a registered medical professional. It must not be interpreted as medical advice. We do not warrant that the information provided to you in these ways will be complete, accurate, up-to-date, and free from errors and omissions. By using our Services and engaging with us on these platforms you agree to waive and release us from any and all Liability or Loss incurred by you as a result of any information provided to you through these platforms.

 

General Appointment Terms

You are not permitted to bring the following items into Cosmetic Connection:

• food, confectionary, beverages, alcohol, bottles, glass containers and cans;
• gang patches or colours and offensive signage;
• unauthorised signage and promotional products, equipment or banners including clothing items;
• oversize items such as pushchairs, strollers or baby seat carriers;
• illegal substances/items;
• weapons, or items that can be used as a weapon;
• animals other than guide or hearing assistance dogs in use or training;
• audio and/or visual and/or photographic equipment.

Provision of Services:

We reserve the right to cancel or change the time, location, duration and extent of your Appointment without notice. Without limiting our right to do so, we endeavour to provide you with as much notice is as possible regarding all changes to your Appointment, whether foreseeable or unforeseeable.

Suitability:

You must be over the age of 18 to use our Services and we reserve the right to ask for proof of age.

The provision of our Services including but not limited to the timing, location and extent, is at the sole discretion of our clinical staff, and is determined following an in-person consultation. We reserve the right to refuse to provide our Services for any reason.

All patients are required to undertake a medical assessment with one of our approved medical practitioners prior to any treatment.

You warrant that prior to treatment you have provided your complete, accurate and up-to-date medical history to Cosmetic Connection and your treatment practitioner.

Results:

Asymmetry is a naturally occurring feature. All treatment of asymmetry following your Treatment will be provided at the full applicable Service Fee. Complimentary treatment in the case of asymmetry is not offered under any circumstance.

Longevity of effect and results of treatment may vary between people, and between treatments in the same person. Longevity of a results cannot be guaranteed.

Follow-up appointments:

All requests for a follow-up appointment must be made in writing within 4 weeks of the date of your Treatment. Each Treatment comes with one optional follow-up appointment. Additional follow-up appointments, or those requested more than 4 weeks after your treatment will be charged a Consultation fee. Note: this policy does not apply for follow-up appointments to assess a potential treatment side effect that has occurred from a Treatment performed by us.

Change in medical information:

It is your responsibility to inform Cosmetic Connection immediately if there is a change in your medical history in writing.

Emergency treatment:

In the case of an emergency involving the in-clinic use of our Services, you may require evacuation to hospital at the discretion of the attending paramedical staff. All costs relating to the transfer and care of you are your sole responsibility.

Adverse events:

All medical procedures involve risk. In the event of an adverse event, subsequent procedures and treatment may be required. Cosmetic Connection and its staff take no responsibility and bear no obligation to cover additional foreseen and/or unforeseen expenses related to your treatment with us, including costs incurred through the treatment of adverse events.

Ceasing the clinic-patient relationship:

Cosmetic Connection and its staff reserve the right to cease the clinic- and practitioner-patient relationship at any time.

 

Copyright

This website, the Services and all of the related products and materials of Cosmetic Connection are subject to copyright. The material on the website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the website or the Services are owned or controlled for these purposes and are reserved by Cosmetic Connection or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Cosmetic Connection, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you use our Services to:

• use our Services pursuant to the Terms;
• copy and store the website and the material contained in the website in your device’s cache memory; and
• use the content contained on the website for your own personal, non-commercial use.

Should you download, copy, store, print or use in any way and for any reason the materials on our website, social media platforms and in our premises, you must retain all copyright and other proprietary notices contained in the original materials on any copies of the material. Cosmetic Connection does not grant you any other rights whatsoever in relation to the website or the Services. All other rights are expressly reserved by Cosmetic Connection.

Cosmetic Connection retains all rights, title and interest in and to the website and all related Services. nothing you do on or in relation to the website and the Services will transfer any:

• business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
• a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
• a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

You may not, without the prior written permission of Cosmetic Connection and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials which are in the public domain. Prior written consent of the copyright holder must be obtained for any other use of material. No part of this site may be distributed or copied for any commercial purpose or financial gain.

 

Terms and Termination

These Terms will commence on the Start Date and will continue for as long as you continue to use the Services.

We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation:

• if you breach the Terms;
• if the Defaulting Party is unable to pay its debts as they fall due;
• if we are required to do so by law; or
• the provision of the Services to you by Cosmetic Connection is, in the opinion of Cosmetic Connection, no longer appropriate.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.

If you want to terminate the Terms and Conditions, you may do so by:

• providing Cosmetic Connection with 30 days’ notice of your intention to terminate; and
• closing your accounts for all of the Services which you use, where Cosmetic Connection has made this option available to you.

Your notice should be sent, in writing, to Cosmetic Connection via the contact form on our ‘Contact’ page of this website.

Subject to local applicable laws, and where relevant, Cosmetic Connection reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Cosmetic Connection’s name or reputation or violates the rights of those or another.

Upon termination or expiry of these Terms:

• we will immediately cease providing the Services;
• without limiting your Consumer Law Rights, you agree that any payments you have paid for Services are non-refundable; and
• you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms.

The accrued rights, obligations and remedies of the Parties are not affected by termination of these Terms.

This clause ‘Terms and termination’ will survive the termination or expiry of these Terms.

 

Links to third party websites

Links to other website are provided for the convenience of users. We are unable to provide any warranty regarding the accuracy or completeness of the content of such sites, or the reliability, quality or effectiveness of any products or services provided through external websites. A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites.

 

Dispute resolution

Compulsory:

If a Dispute (Dispute) arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:

A party to the Terms claiming a dispute has arisen under the Terms, must give written Notice (Notice) to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

A Party may not commence court proceedings relating to any dispute arising from these Terms without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction, or will operate to prevent a Party from taking steps to recover any debt.

Resolution:

On receipt of that notice (‘Notice’) by that other party, the Parties to the Terms must:

• within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
• if for any reason whatsoever, 60 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by an independent third party of appropriate standing and qualification;

• the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation the Parties must each pay their own costs associated with the mediation; and
• the mediation will be held in New South Wales.

Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation:

If 60 have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 

Jurisdiction

The Services offered by Cosmetic Connection are intended to be viewed by residents of Australia. The use of our Services subject to the Terms are governed by the laws of New South Wales, Australia. In the event of any dispute arising out of or in relation to the Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, unless otherwise mandated by the federal laws of Australia.

 

Governing law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this Governing Law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

Independent legal advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

 

Variations and amendments

We reserve the right to revise and amend this any policy, disclaimer notice and these Terms from time to time and any revised version will be deemed to be applicable from the first date of publication on this website.

 

General terms

Assignment: Subject to clause ‘Assignment of Debt’ a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

Entire agreement: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties, and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersede all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.

Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.

Joint and several Liability: Where you constitute two or more individuals or entities, you will each be jointly and severally liable under these Terms.

Notices: Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Online execution: These Terms may be executed by means of such third-party online document execution service as we nominate, subject to such execution being in accordance with the applicable terms and conditions of that document execution service.

Precedence: To the extent there is any ambiguity, discrepancy or inconsistency in or between the terms of these Terms and any other document, these Terms will prevail.

Relationship of Parties: These Terms is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

 

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

 

Interpretations and definitions

Words like ‘including’ and ‘for example’ are not words of limitation.

Singular words shall be deemed to mean the plural and vice versa.

In these Terms: Business Days means a day on which banks are open for general banking business in New South Wales, excluding Saturdays, Sundays and public holidays.

Appointment means the agreed time and location in which we will provide at our absolute discretion a Consultation and/or Treatment.

Booking has the same meaning as Appointment.

Cancellation Fee is as set out in the Booking or as otherwise communicated by us to you.

Confidential Information includes information which:

(a) is disclosed to the Receiving Party in connection with these Terms at any time;

(b) is prepared or produced under or in connection with these Terms at any time;

(c) relates to the Disclosing Party’s business, assets or affairs; or

(d) relates to the subject matter of, the terms of and/or any transactions contemplated by these

Terms, whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information.

Consultation means the appointment we have with you to assess your concerns, determine which Treatments are best suited to your needs, and review your result or a concern. All appointments where Treatments are performed include a consultation.

Deposit means the money paid when booking an appointment.

Disclosing Party means the party disclosing Confidential Information to the Receiving Party.

Fees means the fees set out on our Website and communicated to you in the applicable Appointment for the performance of the Services.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

GST has the meaning which it is given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, knowhow, inventions, processes, trade secrets or Confidential Information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third-party rights, including any Intellectual Property Rights of third parties), including using or exploiting our Intellectual Property for purposes other than as expressly stated in these Terms (including, without limitation, using our Intellectual Property for commercial purposes or on-selling our Intellectual Property to third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, un-ascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Payment Terms means the Fees, method and timing of payment, as set out in our invoice provided to you or as otherwise communicated by us to you.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Premises means the location where the Services are to be supplied, as set out in the applicable Booking.

Products are goods sold to you by us either online or in person.

Receiving Party means the party receiving Confidential Information from the Disclosing Party.

Retail Products means products sold to you, such as skin care and skin care tools.

Service Fee has the same meaning as Fees.

Services means this website, our social media platforms, the Consultation, Treatment, Appointment and the provision of information (including general information provided via direct message, phone call, and email) and any other services we agree to perform under these Terms.

Site has the same meaning as Website.

Start Date means the date these Terms are accepted (I.e., the date you first use the Services).

Terms means these terms and conditions, and any documents attached to, or referred to in, each of them.

Treatment means a procedure performed by us on you, as one of our Services.

Website is www.cosmeticconnection.com.au and all domain variations, sub-domains and pages contained within, as well as our social media channels.