Terms & Conditions These terms and conditions are between Mybodi Clinics Pty Ltd (ABN 75 646 041 901), (we, us or our) and …
Terms & Conditions
These terms and conditions are between Mybodi Clinics Pty Ltd (ABN 75 646 041 901), (we, us or our) and you, the party stated in the Consultation Form (you or your), together the Parties and each a Party. These terms and conditions form the entire Terms under which we will provide the Services to you.
1. DISCLAIMER
1.1 We and our Personnel are not medical practitioners, health professionals or nutritionists, and do not give medical advice, treatment or diagnoses. You acknowledge and agree that nothing in the Services we provide may be taken to be medical advice, treatment or a diagnosis by us or our representatives, nor are they intended to be a substitute for consulting a medical practitioner. If you have any health or medical issues or concerns you agree to speak with a medical professional prior to receiving the Services from us.
2. ACCEPTANCE AND CONSENT
2.1 You accept these Terms by the earlier of:
(a) ticking a box online indicating your acceptance of these Terms;
(b) filling out the Consultation Form; or
(c) making payment of the Deposit or any part of the Fee.
2.2 When accepting these Terms you grant us permission and consent to perform the Services on you.
3. SERVICES
3.1 We agree to provide you the Services in accordance with these Terms and all relevant laws, whether through ourselves or our Personnel.
4. PAYMENT AND BOOKINGS
4.1 You can make a request for Services through our website, via telephone or in person.
New clients
4.2 For all new clients we will provide a First Consultation complimentary. You may book in a First Consultation only and not make a request for the Services. If you do make a request for the Services, you agree to pay us the Deposit at the time of making a request for the Services. After you make payment of the Deposit, we will provide you the Consultation Form and, subject to our assessment at the First Consultation, this will be our acceptance of providing the Services to you. You agree to pay the remainder of the Fees immediately after receiving your first treatment as part of the Services. All amounts are stated in Australian dollars and are inclusive of GST (unless otherwise stated).
Existing clients
4.3 You agree to pay the Fee upfront when making an appointment with us and prior to receiving the Services, including any Services you pay for as part of a Package.
5. YOUR OBLIGATIONS AND WARRANTIES
5.1 You represent, warrant, acknowledge and agree that:
(a) you have the legal capacity to enter into these legally binding Terms;
(b) you are 18 years old;
(c) you have not relied on any promises or warranties made by us in relation to the Services (including as to whether the Services are or will be suitable for your particular purposes or will achieve any desired results), unless expressly stated in these Terms;
(d) you will disclose to us all medical and health information (including any health conditions and if you are pregnant);
(e) you will complete the Consultation Form that we provide to you as soon as possible;
(f) you will update us with any new or changing medical conditions while we are providing the Services;
(g) we cannot guarantee results and that results may vary;
(h) we may suggest a number of treatments as part of the Services and if you do not obtain the amount of treatments that we recommend, the results from the Services may not be optimised;
(i) you will cooperate with us, and will give us all information and access necessary to enable us to provide the Services, as requested by us, and in a timely manner;
(j) you will promptly respond to any text messages or emails we send out to confirm your next appointment, and confirm the appointment by no later than 48 hours prior to the appointment; and
(k) the information you provide to us is true, correct and complete.
6. PHOTOGRAPHS
6.1 You grant us permission to take photos of you before and after receiving the Services to assist us in providing the Services to you. With your prior written consent, we may display the photos on our website, in social media, for print and digital media, for marketing and for other commercial purposes.
7. YOUR STATUTORY RIGHTS
7.1 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 (Statutory Rights). Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
7.2 You agree that our Liability for the Services is governed solely by the ACL and these Terms.
7.3 Subject to your Statutory Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Services) are provided to you without warranties, representations and guarantees of any kind, unless expressly stipulated in these Terms.
7.4 Subject to your Statutory Rights, all amounts paid by you for the Services are non-refundable.
7.5 This clause 7 will survive the termination or expiry of these Terms.
8. CANCELLATION AND REFUND POLICY
8.1 We will send you a text or email 48 hours prior to your appointment. If you do not confirm your appointment 48 hours prior to the time of your appointment then we, at our absolute discretion, may cancel your appointment and you will not be entitled to a refund of any amounts you have paid for the Services.
8.2 Refunds: We will refund the Deposit to you if:
(a) you have your First Consultation;
(b) you have also made a request for the Services (and paid the Deposit);
(c) you do not proceed with any Services; and
(d) it is due to us discovering a health condition preventing you from receiving the Services.
8.3 Your cancellation: You may cancel your appointment by texting, emailing or calling us, identifying your appointment and requesting cancellation of your appointment. Your appointment will not be cancelled until we provide confirmation of the cancellation of your appointment in writing.
8.4 Where you cancel your appointment:
(e) more than 48 hours before the time of your appointment, the Fee or Deposit (if applicable) paid for the appointment will be used as credit towards your next appointment to be rescheduled between the Parties; and
(f) less than 48 hours before the time of your appointment, you will not be entitled to a refund for the Fee or the Deposit (if applicable) and it will be forfeited.
8.5 You agree the above cancellation fees are a genuine pre-estimate of our loss due to blocking your appointment date and time and preventing other clients from booking that appointment date and time.
8.6 If you have purchased a Package and you do not want to proceed with the Services the subject of the Package, you can request to substitute the specific Services for another Service that we offer. If the new Service is higher than the original Fee you paid, you will be required to pay the difference in the Fee between the original Service and the new Service.
8.7 Our cancellation: Due to unforeseen circumstances such as illness or a pandemic or government enforced lockdowns or shutdowns, you acknowledge that we may need to reschedule the date of your appointment. Where we need to reschedule an appointment, we will notify you at our earliest convenience and we will reschedule at a time to be agreed between the Parties.
8.8 We reserve the right to terminate an appointment at any time where you have disclosed medical or health information to us which we determine, in our sole discretion, we are unable to safely provide the Services to you. In such cases, we will cancel the appointment and we will reschedule the appointment with you, at our absolute discretion, provided that either:
(a) the medical or health information you provided to us is no longer relevant and will no longer impact our ability to provide the Services; or
(b) you have obtained a written medical clearance from your doctor and have provided it to us.
8.9 If we are not able to reschedule the appointment as per the requirements in clause 8.8(a) or 8.8(b), we will provide a refund of the portion of the Fees in relation to the Services that we have not yet provided.
9. TERM, EXPIRY AND TERMINATION
Term
9.1 These Terms will commence on the Start Date and will continue until the Services have been provided to you, unless earlier terminated in accordance with this clause 9 (Term).
Expiry of a Package
9.2 If you purchase a Package, it will expire 12 months after the date of purchase of the Package. You cannot transfer Packages to another person.
9.3 If you have purchased a Package and become pregnant or have a medical or health issue that prevents you from receiving the Services, you must provide us with written notice prior to the start of your next appointment that you wish to pause the Package (Pause), and you must notify us of how many weeks you wish to Pause the Package.
9.4 The Pause will be in effect until you provide us with written notice that you wish to continue with the Package.
Termination
We may terminate these Terms immediately, at our sole discretion, if:
(a) you fail to provide accurate or complete medical history; and
(b) we consider it to be unsafe to provide the Services to you.
9.5 Either Party may terminate these Terms if the other Party breaches a material term of these Terms (including if you fail to pay the Fee), and that breach has not been remedied within 5 Business Days of the Party in breach being notified by the other Party of the breach and the steps required to remedy the breach.
9.6 On termination or expiry of these Terms, and without limiting our rights under these Terms or at law, you agree:
(a) that to the extent permitted by law, any amounts you have paid for Services are non-refundable; and
(b) to pay us all amounts due and payable to us under these Terms (including for all Services provided by us) up to the date of termination, as a debt immediately due and payable.
9.7 The accrued rights, obligations and remedies of the Parties are not affected by termination of these Terms.
9.8 This clause 9 will survive the termination or expiry of these Terms.
10. COLLECTION NOTICE
10.1 We collect personal information from you so that we can provide our Services to you, answer any enquires you submit to us, deliver our website to you and for the purposes otherwise set out in our privacy policy, available at: www.mybodiclinics.com.au. Please let us know if you have any questions regarding our privacy policy.
10.2 We may disclose this personal information to third parties, including our employees, contractors and related entities, third party service providers that provide their services to us (including IT service providers, marketing and advertising providers and website analytics suppliers), if we are required to disclose personal information by law and as otherwise set out in our privacy policy. Where we disclose your personal information to third parties listed in our privacy policy, these third parties may store, transfer or access personal information outside of Australia. If you do not provide your personal information to us, you may not be able to use all of the features on our website and we may not be able to provide our Services to you.
10.3 Our privacy policy describes further how we collect, store, use and disclose your personal information. It also describes how you can access and correct your personal information, how you can make a privacy-related complaint and our complaint-handling process.
10.4 By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.
11. LIABILITY, INDEMNITY AND EXCLUSIONS
11.1 Exclusions: 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):
(a) any of your acts or omissions;
(b) you not providing us with current health and medical information;
(c) any side effects which occur from the Services, including as a result of your own negligence or you not providing us with your current health and medical information;
(d) your breach of these Terms, any law or third party rights;
(e) any information, documentation or directions given by you;
(f) any third parties or any goods and services provided by third parties; and/or
(g) any event or circumstance beyond our reasonable control, including a Force Majeure Event (whether known or unknown at the Start Date).
11.2 Limitation of Liability: Despite anything to the contrary, to the maximum extent permitted by law:
(a) we will not be liable for any Consequential Loss; and
(b) our maximum aggregate 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 relevant performance of the Services to which the Liability relates.
11.3 This clause 11 will survive the termination or expiry of these Terms.
12. INTELLECTUAL PROPERTY
12.1 As between the Parties, all Intellectual Property Rights developed, adapted, modified or created by or on behalf of us or our Personnel (including in connection with these Terms, the performance of the Services and/or developed by us or our Personnel independently of these Terms), will at all times vest, or remain vested, in us. Nothing in these Terms constitutes a transfer or assignment of any of our Intellectual Property Rights unless expressly stated.
12.2 You grant us a non-exclusive, revocable, worldwide, non-sublicensable and non-transferable right and licence, for the duration of these Terms, to use your Intellectual Property for the performance of our obligations under these Terms.
12.3 This clause 12 will survive the termination or expiry of these Terms.
13. CONFIDENTIALITY
13.1 Subject to clause 13.3, each Receiving Party must (and must ensure that its Personnel do) keep confidential, and not use or permit any unauthorised use of, all of the Disclosing Party’s Confidential Information.
13.2 The Services we provide to you includes tailored advice and information which is specially formulated for you, and this information is Confidential Information. You must not disclose any such information to any other person.
13.3 Clause 13.1 does not apply where the disclosure is required by law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the Receiving Party ensures the adviser complies with the terms of clause 13.1.
13.4 This clause 13 will survive the termination or expiry of these Terms.
14. GENERAL
14.1 Amendment: These Terms may only be amended in writing and as agreed by the Parties.
14.2 Disputes: If a dispute arises, the Parties will agree to meet in good faith to seek to resolve the issue, before proceeding to any dispute resolution process. This will not prevent a Party from seeking urgent equitable relief.
14.3 Entire Terms: These Terms contains the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and Terms, in respect of its subject matter.
14.4 Feedback: Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us.
14.5 Force majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control, including a Force Majeure Event, whether known or unknown at the Start Date.
14.6 Governing law: These Terms is governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
14.7 GST: If and when applicable, GST payable on the Fees will be set out in our invoice. You agree to pay the GST amount at the same time as you pay the Fees.
14.8 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.
14.9 Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms is valid and enforceable.
15. INTERPRETATION & DEFINITIONS
15.1 In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the Schedule, and:
Terms means these terms and conditions and any documents attached to, or referred to in, each of them.
Business Days means a day on which banks are open for general banking business in New South Wales, excluding Saturdays, Sundays and public holidays.
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.
Consequential Loss includes any consequential, special or indirect loss, damage or expense, or any real or anticipated loss of revenue, loss of profit, loss of use, loss of occupation, loss of benefit, loss of financial opportunity, or economic loss (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, and howsoever arising).
Consultation Form means the form we provide to you to fill out prior to your First Consultation or prior to receiving the Services and includes requesting information about your health and medical conditions.
Deposit means $100.
Disclosing Party means the party disclosing Confidential Information to the Receiving Party.
Fees means the fees set out on our website or in our Consultation Form, including the Deposit, and can include packages for multiple treatments for the performance of the Services.
First Consultation means the consultation we have with you to determine which treatment is best suited to your needs.
Force Majeure Event means any one, or combination of law or government regulation which comes into force or any act of God, flood, war, revolution, civil commotion, political disturbance, fire explosion, ionizing radiation, contamination by radioactivity, nuclear, chemical or biological contamination, disease, epidemic, pandemic (including in relation to the coronavirus, severe acute respiratory syndrome coronavirus 2, or any mutation thereof), government sanctioned shutdown, global economic downturn or any other cause whatsoever over which a Party has no control.
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 mark rights, domain names, know-how, inventions, processes, trade secrets or Confidential Information, circuit layouts, 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.
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, unascertained, future or contingent and whether involving a third party, a Party or otherwise.
Package means multiple treatments that are part of the Services and that you purchase all at once.
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents.
Receiving Party means the party receiving Confidential Information from the Disclosing Party.
Services means the services we agree to perform under these Terms after the First Consultation or otherwise and as agreed between the Parties, including but not limited to, body sculpting and contouring, fat reduction, skin tightening, muscle building and toning, non-surgical face lifts and LED light therapy.
Start Date means the date these Terms are accepted in accordance with clause 2.1.
Contact us for further details:
mybodi clinics Pty Ltd
Shop 1, 65 Belmore Rd
Randwick NSW 2031
1300 692 634