Terms and Conditions

Effective Date: 01/06/2025

Updated: 02/10/2025

INTRODUCTION

Welcome to MY SKIN OASIS (hereinafter referred to as "the Clinic"). By accessing or utilising our website (myskinoasis.com.au) and services, you acknowledge and agree to be bound by these Terms and Conditions in their entirety. These Terms and Conditions constitute a legally binding agreement between you, the Client, and the Clinic. Should you disagree with any provision contained herein, you must refrain from utilising our website.

1. GENERAL PROVISIONS

1.1 Acceptance of Terms

Your use of the Clinic's website and services constitutes express acceptance of and agreement to comply with these Terms and Conditions in their entirety. These Terms and Conditions shall be read in conjunction with our Privacy Policy, which is incorporated herein by reference.

1.2 Amendments to Terms

The Clinic reserves the right, at its sole discretion, to modify, amend, or update these Terms and Conditions at any time without prior notice. Such modifications shall become effective immediately upon publication on the Clinic's website. Your continued use of the website or services following the publication of any amendments constitutes acceptance of such changes. It is your responsibility to review these Terms and Conditions periodically to ensure awareness of any modifications.

2. SERVICES

2.1 Scope of Services

The Clinic provides a range of non-surgical cosmetic treatments, skincare services, hair treatments, and related products (collectively, "Services"). All Services are delivered in strict accordance with current Australian Health Practitioner Regulation Agency (AHPRA) guidelines for non-surgical cosmetic treatments and applicable state and federal regulations.

2.2 Professional Qualifications

All practitioners employed by the Clinic maintain current registration with AHPRA and possess appropriate qualifications and training in their respective fields. Documentation of such qualifications is available upon request.

2.3 Service Outcomes

While the Clinic employs best practices and utilises quality products and equipment, individual results may vary based on factors including, but not limited to, age, skin condition, medical history, lifestyle factors, and adherence to pre- and post-treatment protocols. The Clinic does not warrant or guarantee specific outcomes from any Service provided. Multiple treatments may be necessary to achieve desired results.

3. INFORMED CONSENT

3.1 Consultation Requirements

Prior to any treatment, Clients shall receive a comprehensive consultation wherein the following shall be disclosed:

(a) The nature, purpose, and methodology of the proposed treatment;

(b) Expected outcomes, limitations, and maintenance requirements;

(c) Material risks and potential complications associated with the treatment;

(d) Alternative treatment options;

(e) Post-treatment care protocols; and

(f) Complete fee structure and payment terms.

3.2 Cooling-Off Period

In accordance with AHPRA guidelines, a mandatory cooling-off period of seven (7) calendar days shall apply to all major cosmetic procedures. This period commences from the date of consultation and allows Clients adequate time for consideration before providing informed consent.

3.3 Right to Withdraw Consent

Clients retain the absolute right to withdraw consent at any time prior to the commencement of treatment without prejudice, subject to the cancellation provisions outlined in Section 4.2.

4. FINANCIAL TERMS

4.1 Payment Processing

(a) All financial transactions are processed through secure, PCI-compliant payment processors.

(b) By providing payment information, you warrant that you are legally authorised to use the designated payment method and consent to the charges incurred.

(c) Full payment for Services is due at the time of treatment unless alternative arrangements have been established in writing.

(d) The Clinic reserves the right to adjust pricing without prior notice; however, quoted prices shall be honored for a period of thirty (30) calendar days from the date of quotation.

4.2 Cancellation and Refund Policy

(a) Appointment Cancellation: Clients may cancel or reschedule appointments without penalty provided that notice is given at least forty-eight (48) hours prior to the scheduled appointment time.

(b) Late Cancellation: Cancellations made less than forty-eight (48) hours but more than twenty-four (24) hours before the scheduled appointment shall incur a fee equal to 10% of the total service fee.

(c) Short Notice Cancellation:Cancellations made less than twenty-four (24) hours before the scheduled appointment shall incur a fee equal to 20% of the total service fee.

(d) No-Show Policy: Failure to attend a scheduled appointment without prior notice shall result in a charge equal to 80% of the scheduled service fee.

(e) Refund Processing: All approved refunds shall be processed within seven (7) to fourteen (14) business days via the original payment method. Refund requests must be submitted in writing to info@myskinoasis.com.au.

(f) Discretionary Waiver: The Clinic reserves the right to waive cancellation fees at its sole discretion in cases of documented emergency or extenuating circumstances.

5. LIMITATION OF LIABILITY

5.1 Scope of Liability

To the maximum extent permitted by law, the Clinic's liability shall be limited to:

(a) The re-supply of the relevant Service; or

(b) The cost of re-supply of the relevant Service.

5.2 Exclusion of Liability

The Clinic shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from:

(a) Complications resulting from the Client's failure to disclose relevant medical information or contraindications;

(b) Adverse reactions that could not reasonably have been foreseen based on the information provided by the Client;

(c) Unsatisfactory results arising from the Client's non-compliance with pre- or post-treatment instructions;

(d) Interruptions in website availability or functionality;

(e) Errors or inaccuracies in information presented on the website; or

(f) Any loss or damage resulting from reliance on information obtained from the website.

5.3 Consumer Rights

Notwithstanding the foregoing, nothing in these Terms and Conditions shall limit, exclude, or modify any consumer guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law, which cannot be lawfully limited, excluded, or modified.

6. HEALTH DISCLAIMER

6.1 Non-Substitution for Medical Advice

The Services provided by the Clinic do not constitute and are not intended to substitute for professional medical advice, diagnosis, or treatment. Clients are advised to consult with their physician or other qualified healthcare provider regarding any medical conditions or concerns prior to undergoing any cosmetic treatment.

6.2 Disclosure Obligations

Clients have an affirmative obligation to disclose all relevant medical information, including but not limited to allergies, medical conditions, medications, and previous cosmetic procedures, prior to receiving any Services. The Clinic shall not be liable for adverse outcomes resulting from a Client's failure to disclose such information.

7. INTELLECTUAL PROPERTY

7.1 Ownership

All content appearing on the Clinic's website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is property of the Clinic or its content suppliers and is protected by Australian and international copyright and intellectual property laws.

7.2 Restricted Use

Clients are prohibited from reproducing, distributing, modifying, creating derivative works from, publicly displaying, or otherwise exploiting any content from the Clinic's website without obtaining prior written consent from the Clinic. Attribution to the Clinic is required for any permitted use.

7.3 User Content License

By submitting any content to the Clinic's website, including but not limited to reviews, testimonials, or before/after images, you grant the Clinic a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media or distribution method for any lawful commercial or non-commercial purpose.

 8. USER CONDUCT

8.1 Prohibited Activities

In connection with your use of the Clinic's website and services, you agree to refrain from:

(a) Engaging in any unlawful activities, including fraud, impersonation, or misrepresentation;

(b) Transmitting hate speech, discriminatory content, or harassment of any kind;

(c) Disseminating spam, unsolicited advertisements, or promotional materials;

(d) Uploading malicious software or harmful code;

(e) Interfering with the security, integrity, or performance of the website; or

(f) Attempting to gain unauthorised access to any portion of the website or any systems or networks connected to the website.

8.2 Termination of Access

The Clinic reserves the right to suspend, restrict, or terminate your access to the website and services, at its sole discretion and without prior notice, for any violation of these Terms and Conditions or for any other reason deemed appropriate by the Clinic.

9. PRIVACY AND CONFIDENTIALITY

9.1 Data Protection

The Clinic collects, uses, stores, and discloses personal information in accordance with the Privacy Act 1988 (Cth), the Health Records Act 2001 (Vic), and the Clinic's Privacy Policy. Client information shall only be utilized for the purposes of providing treatment, maintaining records, and as required by law.

9.2 Access to Personal Information

Clients may request access to their personal information held by the Clinic, subject to exceptions prescribed by law. Such requests must be submitted in writing and may be subject to administrative fees.

 10. DISPUTE RESOLUTION

 10.1 Amicable Resolution

In the event of any dispute arising from or relating to these Terms and Conditions or the Services provided, the Client agrees to notify the Clinic in writing and attempt to resolve the matter amicably through direct negotiation.

10.2 Mediation

If the dispute remains unresolved for a period of thirty (30) days following written notification, either party may refer the matter to a mutually agreed mediator. The cost of mediation shall be shared equally between the parties.

 10.3 Regulatory Complaints

The Client retains the right to lodge a complaint with AHPRA or the Health Complaints Commissioner Victoria at any time.

11. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without giving effect to any principles of conflicts of law. Any dispute arising under or related to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

 12. CONTACT INFORMATION

For inquiries regarding these Terms and Conditions, please contact:

My Skin Oasis

Email: info@myskinoasis.com.au

Phone: 0481 373 258

Address:  187 Coleman Parade , Glen Waverley VIC 3150

13. SEVERABILITY

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

By using the Clinic's website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Thank you for choosing My Skin Oasis. We are committed to providing exceptional care while protecting your rights and privacy.