Terms & Conditions
1. About the Website
1.1. Welcome to plasmapenclinic.com.au (the ‘Website‘). On this page, the terms ‘Plasma Pen Clinic’ or ‘PPC’ or ‘us’ or ‘we’ or ‘our’ refers to Plasma Pen Clinic (ABN 51 588 662 603). (The ‘Services‘) refers to all products, treatments and services provided by us: Our services include Video Consultation; Video Follow-up; In Person – Consultation; In Person – Follow up; Fibroblast – Anti Wrinkle; Fibroblast – Skin Tightening; Fibroblast – Skin Corrections & Fibroblast – Lifting.
1.2. Plasma Pen Clinic reserves the right to update the Terms at any time and will provide notice of updates by updating this page.
1.3. Plasma Pen Clinic reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Plasma Pen Clinic updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
2.1. By remaining on the Website, you agree to the following terms and conditions of use, which govern your relationship with Plasma Pen Clinic.
3. Use of Plasma Pen Clinic Services and Website
3.1. To purchase our Services, you must first book an appointment through the Website and pay the applicable fee. The booking deposit will be subtracted from the total treatment cost. You will be required to provide personal information about yourself as part of the booking process, or as part of your continued use of the Services, including your email address, telephone number, date of birth, and photos recordings. After completing the booking process, you will be added to our system and granted access to our Services.
If you are under 18 or a person barred from receiving services under the laws of Australia, you may not use the Services.
3.2. By purchasing the booking, you acknowledge and agree that it is your responsibility to ensure that the booking you elect to purchase is suitable for your use.
3.3. Once you have purchased the booking and or service, as part of the booking process, or as part of your continued use of the Services, you will be required to provide personal information about yourself, including:
a) Email address (this is where you will receive important information regarding your bookings and treatment programs. Please verify your spam/junk folder and mark us as not spam if you don’t see an email from Plasma Pen Clinic in your inbox. If you unsubscribe you run the risk of missing important information in regards to your bookings and our services);
- E-mail address;
- Telephone number;
- Date of birth;
- Consultation Form & Detailed Health Questionnaire.
- Photos Recordings.
3.4. You warrant that any information you give to Plasma Pen Clinic in the course of completing the registration process will always be accurate, correct and up to date.
3.5. Once you have completed the booking process, you will be added to our system and considered a (‘Member’) and agree to be bound by the Terms. As a Member you will be granted access to our Services. You will be the first to receive important updates about us and access to future promotions.
3.6. You may not use the Services and may not accept the Terms if:
a) you are not of legal age to form a binding contract with Plasma Pen Clinic; or
b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your Obligations as a Member
4.1. As a Member, you agree to comply with the following:
a) You will use the Services only for purposes that are permitted by:
- The Terms; and
- Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
b) You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
c) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Plasma Pen Clinic of any unauthorised use of your password or email address or any breach of security of which you have become aware;
d) Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Plasma Pen Clinic providing the Services;
e) You will not use the Services or the Website in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Plasma Pen Clinic;
f) You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
g) You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Plasma Pen Clinic for any illegal or unauthorised use of the Website; and
h) You acknowledge and agree that any automated use of the Website or its Services is prohibited.
4.2. All payments made in the course of your use of the Services are made using Visa & MasterCard. In using the Website, 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 Visa & MasterCard terms and conditions which are available on their website.
4.3. You agree and acknowledge that Plasma Pen Clinic can vary the Deposit Fee at any time and that the varied Deposit Fee will come into effect following the conclusion of the existing treatment plan.
5. Payment
5.1. We uphold best business practices by securing appointments for treatments with a deposit. Where the option is given to you, you may make payment of the Deposit by way of:
- Credit Card Payment (‘Credit Card‘).
- Cash.
- Bank Transference.
- Direct Debit on Credit Card.
6. Refund Policy
6.1. Plasma Pen Clinic will only provide you with a refund of the Deposit in the event they are unable to continue to provide the Services or if the manager of Plasma Pen Clinic decides, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount (50%) of the Deposit paid by the Member (the ‘Refund‘).
7. Copyright and Intellectual Property
7.1. The Website, the Services and all of the related products of Plasma Pen Clinic 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 (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Plasma Pen Clinic or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Plasma Pen Clinic, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
a) use the Website pursuant to the Terms;
b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
c) print pages from the Website for your own personal and non-commercial use.
7.3. Plasma Pen Clinic does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Plasma Pen Clinic.
7.4. Plasma Pen Clinic 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 will transfer any:
a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
c) 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.
7.5. You may not, without the prior written permission of Plasma Pen Clinic 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 on the Website, which are freely available for re-use or are in the public domain.
8. Privacy
8.1 Plasma Pen Clinic takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Plasma Pen Clinic’s Privacy Policy, which is available on the Website.
9. General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Plasma Pen Clinic will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), 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 the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Plasma Pen Clinic make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Plasma Pen Clinic) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Plasma Pen Clinic; and
(d) the Services or operation in respect to links which are provided for your convenience.
10. Limitation of Liability
10.1. Plasma Pen Clinic’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
10.2. You expressly understand and agree that Plasma Pen Clinic, 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 loss.
11. Indemnity
1.1. You agree to indemnify Plasma Pen Clinic, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) 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 Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
12. Dispute Resolution
12.1. Compulsory: If a 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).
12.2. A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute..
12.3. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
12.4. Within 30 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
12.5. 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 the President of the Australian Mediation Association or Conflict Resolution Services or his or her nominee;
12.6. 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 commencing. The Parties must each pay their own costs associated with the mediation;
12.7. The mediation will be held in Small Business Ombudsmen, Australia.
12.8. 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.
12.9. Termination of Mediation: If 3 months 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.
13. Venue and Jurisdiction
13.1. The Services offered by Plasma Pen Clinic is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
14. Governing Law
14.1. 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.
15. Independent Legal Advice
15.1. 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.
16. Severance
16.1 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
