TERMS AND CONDITIONS OF SERVICES

​Throughout this document, the terms “we”, “us” and “our” refer to Sycamore Beauty Pty Ltd t/as SYCAMORE MEDI SPA.

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By purchasing a product or service from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, or “Terms”).

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Please read these Terms of Service carefully before entering into this Agreement with us. If you do not agree to all the terms and conditions of this Agreement, then we will not be in a position to provide the Service to you.

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1. GENERAL CONDITIONS

   • By engaging our Service, you acknowledge:

     • You are 18 years of age and above;

     • You are offered an opportunity to seek independent legal advice, and by signing this Terms you agree to be bound by the provisions set out in this Terms, and has either sought independent legal advice, or expressly waived the right to do so; and

     • You possess the legal right and ability to enter into a legally binding agreement with us.

   • We reserve the right to refuse to provide the Service at our absolute discretion.

   • We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service, by written notice to you at the email address provided to us.

2. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

   • You must provide accurate, complete and updated information to us, and update any information that became inaccurate, incomplete or outdated

   • You warrant that at all times when you engage our Services, that the information provided is accurate, complete and updated.

   • We are not liable for any damages, liabilities or personal injuries arising from your failure to provide us with accurate, complete and updated information.

3. MODIFICATIONS TO THE SERVICE AND PRICES

   • Prices for our Services are subject to change, and we reserve the right to make any changes without first notifying you.

   • We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time, and in the event a service is modified and/or discontinued, we have absolute discretion to:

     • Cancel your appointment;

     • Suspend any pre-paid Service[rl1] ; and

     • Refund any cancelled appointment by way of store credit which may be applied to further purchases.

4. SERVICE, BOOKINGS AND PRE-PURCHASE

       

        Service

        We will provide you with the Service in accordance with the                    Terms.

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        Bookings

• When you make a booking, you will be asked to provide certain information to assist us in finding an appropriate service for you. You must provide accurate and current information to us to ensure we can find the most appropriate booking for you.

• While we will use our best efforts to ensure that we can deliver the relevant service at your booked time, subject to applicable law, we make no guarantee that we will be able to deliver the relevant service at the booked time.

• If we cannot deliver your booked service at your booked time, we will use best efforts to find an alternative suitable time and, to the extent that we cannot find a suitable for both you and your us, we will offer you a refund of credit, which can be applied to future payments of the Service rendered to you.

• When you make a booking, you agree to pay in full the cost of the Service to us, including any taxes and charges that may apply.

• All bookings placed are subject to confirmation and acceptance by us and may be subject to change upon reasonable notice to you.

• We do not perform any medical procedures, and do not provide any medical and health-related advice.

 

       Pre-purchase

• If you pre‐pay for treatments you will save an amount according to the pre‐payment schedule.

• If you pre‐pay in advance for a ‘Package’ (a number of Services), refunds for whole Packages will not be provided unless required in accordance with the Australian Consumer Law.

• We may, at our absolute discretion:

  • Provide you with bonus credit for prepurchase of Package. You acknowledge the bonus credit provided to you is out of our good faith, and does not possess any monetary value.

  • suspending pre-paid treatment packages may be available to due to unforeseen circumstances outside of our control.

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5. REFUND

• Please refer to clause 4(c) in relation to refund of pre-paid Service.

• In order for us to provide you with the Service, you must provide accurate and current information to us in accordance with clause 2.

• Given the nature of the Service provided, and the nature of the goods used to provide the Service, we do not refund for change of mind.

• For all appointments. we require at least 24 hours’ notice for cancellation or change in appointment date/time.

• If you cancel or change your appointment with at least 24 hours’ notice, we will, at our absolute discretion:

  • Change your appointment to a different date at no costs; or

  • Not charge you (should you have a prepaid deposit on file).

• If you cancel or change your appointment with less than 24 hours’ notice or you do not attend your appointment, we will suffer financial loss as a result of the late notice, as we are unable to fit another customer into your booking. As such, we reserve the right to charge a ‘Cancellation Fee’ or ‘No Show Fee’ meaning, at our sole discretion, we will:

  • Retain your deposit (should you have a prepaid deposit on file),

  • Retain one prepaid treatment (should you have any prepaid treatments on file) or

  • Charge you 50% of the RRP of your treatment.

6. WARRANTIES, REPRESENTATIONS AND DISCLAIMERS

• Warranties

  • You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

  • You warrant that your use of, or inability to use, the Service is at your sole risk.

  • The service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

• Representations

  • You acknowledge that we do not provide any professional medical or healthcare advice, representations, diagnosis, or recommendation of treatment, and the Service provided by us must not be relied on to replace professional medical advice, and we urge you to seek the advice of your doctor or other qualified healthcare provider with any questions you may have regarding a medical condition or treatment before undertaking any Service with us.

  • You did not rely on any representations from us to make the decision to obtain the Service from us.

  • We relied on your representation provided to us by way of the information obtained from you, to provide the Service to you.

• Disclaimer

  • You must not hold us liable for any loss, damage, or injuries arising from your reliance on us for medical advice, or your failure to provide accurate and current information required by us to provide the Service to you.

  • In no case will us, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products relied on to provide the Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

7. PAYMENT FOR SERVICE

1. You must pay us prior to receiving any Service from us.

2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

8. PERSONAL INFORMATION AND PRIVACY

• To enable us to provide you with the Service, you must provide us with personal information, including your full name, date of birth, and contact details (including your email and phone number). We collect personal information about you in order to process your booking and/or purchase, provide you with marketing materials, news, and promotional offers from us, and for purposes otherwise set out in the Privacy Policy[rl3] .

• In addition to the information above, we may collect sensitive information (including health information such as health, medical conditions, treatment history, family health history, diet, and lifestyle information) from you, or others involved in your health, in order to provide the Service to you.

• You must ensure any information you provide us is accurate and current.

9. INDEMNITY

You agree to indemnify and keep indemnified us and our employees, directors, agents, contractors, harmless from any claim, damages, suit or demand, unless they arise expressly as a result of our action.

10. ASSIGNMENT

You may assign these Terms only with our written consent, such consent not to be unreasonably withheld or delayed.

We may assign these Terms at our absolute discretion.

11. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

12. TERMINATION

• These Terms of Service are effective unless and until terminated by either you or us.

• You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Service.

• If in our sole judgment you failed, or are likely to fail, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

13.ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

14. GOVERNING LAW

The parties submit to the jurisdiction of the Australia Capital Territory.

15.CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@sycamoremedispa.com.au.

 

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