Terms and Conditions - MD Cosmetic Nurse

MD Cosmetic Nurse Website Terms of Use

Thank you for making a booking with MD Cosmetic Nurse and welcome to the website of MD Cosmetic Nurse (ABN 74 934 421 293) (“we”, “us” or “MD Cosmetic Nurse” or “Michelle Dodd”.

This website is located on the web via the domain https://mdcosmeticnurse.com.au and includes all of the files located in that domain (“this site”).

The following terms and conditions apply when you make a booking online, in-person, or over the telephone with MD Cosmetic Nurse.

By making a booking with MD Cosmetic Nurse, you are agreeing to these terms and conditions and our privacy policy. Please carefully read them prior to making a booking. If you do not agree to these terms and conditions, you should not make a booking.

Agreement to these Website Terms of Use

By accessing this site, you agree to be bound by these terms of use (“Website Terms of Use”). These Website Terms of Use constitute a binding agreement between you and MD Cosmetic Nurse and govern your use of this site.

Privacy Policy

As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at https://mdcosmeticnurse.com.au/privacy-policy/), which is incorporated by reference into these Website Terms of Use.

Legal capacity to transact

If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to MD Cosmetic Nurse that you are over the age of 18 years. Should the MD Cosmetic Nurse suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

Restrictions on use

Prohibited conduct

Your use of this site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms of Use

Without limiting any other remedies available to MD Cosmetic Nurse at law or in equity, MD Cosmetic Nurse reserves the right to, without notice:

temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:
you breach any provision of these Website Terms of Use;
MD Cosmetic Nurse is unable to verify or authenticate any information that you provide to us; or
MD Cosmetic Nurse believes that your actions may cause damage and/or legal liability to MD Cosmetic Nurse, any of its customers or suppliers or any other person; and
remove or block access to any information and/or materials (in whole or in part) that MD Cosmetic Nurse, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Website Terms of Use.

Indemnity

You indemnify and hold harmless MD Cosmetic Nurse and its employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual losses or damages, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

any material or information that you submit, post, transmit or otherwise make available through this site;
your use of, or connection to, this site; or
your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

Consultations

A consultation with MD Cosmetic Nurse is required for all patients. All patients are required to fill out a consultation form that includes; your personal details, medical history, and a screening questionnaire that is a requirement by legislation in Australia, prior to your appointment.
If you ‘flag’ to not be a suitable candidate for cosmetic treatment, under new health guidelines for cosmetic screening, you will be referred to a General Practitioner (GP), a psychologist, or a psychiatrist for evaluation at your own expense. Treatment cannot be performed and you cannot make another booking until a clearance letter from an evaluating practitioner is sent to info@mdcosmeticnurse.com.au. If you obtain a clearance letter from a relevant practitioner, the decision to treat is still at the discretion of MD Cosmetic Nurse and the prescribing healthcare practitioner.
All new patients are required to present a valid, current form of photo identification (drivers licence or passport) to your appointment. If photo identification is not presented, MD Cosmetic Nurse reserves the right to refuse proceeding with the consultation.
MD Cosmetic Nurse does not consult people under the age of 18, even with parent/guardian consent.
During the consultation, your medical history, screening questionnaire, your expectations for treatment outcomes and your motivation for treatment will be discussed. An initial assessment will be performed by MD Cosmetic Nurse. Potential treatment options will be discussed with you, which may include treatments that MD Cosmetic Nurse does not perform and you will be referred to another provider, as well as the option to not undertake any treatment at all. There is no obligation to have treatment on the day of your consultation and you may be given a cooling off period advised by your practitioner. You will be informed of the potential risks of the procedure/s, downtime, pricing, realistic expectations with treatment outcomes, the aftercare, follow-up appointments and additional appointments that may be required.
Consultations do not guarantee treatment. If you are deemed not a suitable candidate for treatment, for any reason by the practitioner, a $250.00 consultation fee (plus applicable surcharges) applies.
For proposed treatments to proceed, you must accept to have your photograph taken for clinical purposes only for consultations to proceed. If you do not consent to your photograph being taken, with your eyes open, with none of the skin on the face covered, consultations cannot proceed.
Consultations and treatments performed at MD Cosmetic Nurse are not covered under Medicare.
MD Cosmetic Nurse engages multiple external third-party providers for the purposes of undertaking a medical consultation with a healthcare practitioner via a video consultation.
When a medical consultation occurs with a healthcare practitioner (in-person or via telemedicine), a $30.00 medical consultation fee applies for each consultation.
MD Cosmetic Nurse is independent to the healthcare practitioner and does not hold any authority over their medical decisions.
MD Cosmetic Nurse cannot perform certain treatments without the without the authorisation and prescription of the medical practitioner.
Depending on time, none, part, or all of your proposed treatment/s may or may not be able to be performed in the one appointment and additional appointments may need to be scheduled to complete your personalised treatment plan.
Only the patient is allowed in the treatment room. Due to safety reasons, MD Cosmetic Nurse has a no child policy.

Bookings

Pregnancy, breastfeeding, or planning to conceive within 3 months (including IVF) is contraindicated to all treatments
Skin must be fully in-tact with no sunburn, peeling, redness, broken skin, split lips, irritation or downtime from facial treatment, cuts, cold sores, infections, abrasions, active acne, dermatitis/ eczema/ psoriasis, or rosacea flareups for consultations to proceed.
Please do not make an appointment for wrinkle reduction consultations if you have the following neurological diseases: myasthenia graves, Lambert-Eaton or Guillian-Barre syndrome.
There must be 2 weeks on either side of all appointment of having any vaccines (including the COVID-19 vaccine, and flu shots).
Please do not book to have treatment within one month of a special event, as MD Cosmetic Nurse does not like to treat in this timeframe due to potential risks.
MD Cosmetic Nurse does not consult patients who are unwell or are symptomatic (including: cold and flu, viruses, hay fever, active cold sores or bacterial infections). Please do not attend your appointment if you are unwell and call the clinic ahead of your appointment time to reschedule.
You cannot have any dental work or procedures (including check-up and clean, Invisalign, braces, et c.) for 4 weeks on either side of your volume loss appointment. If you have any known upcoming dental work eg. fillings, root canals, crowns, (even outside 4 weeks of your appointment, you must complete your dental procedures prior to your volume loss consultation and wait 4 weeks post dental procedures to have a volume loss consultation after completion with no infections or other dental issues). Periodontal disease is contraindicated to volume loss consultations.
If you’re taking Isotretinoin, you must wait 3 months after finishing your last dose of oral Isotretinoin to book a volume loss consultation.
If you have any autoimmune disorder, some conditions may be temporary contraindicated (during a ‘flare-up’), or may be completely contraindicated to volume loss consultations. This will be discussed with you during your consultation. Volume loss consultations cannot be performed during ‘flare-ups’ and autoimmune conditions must be stabilised for consultations to proceed.
Keloid scarring is contraindicated to volume loss consultations.
If you’re flying abroad, please do not have volume loss consultations within 2 weeks of you flying abroad. This to ensure you are here, in the rare event that a complication occurs.
MD Cosmetic Nurse does not consult for concerns for treatments that have been completed by other practitioners. Please do not book an appointment for correction of treatments that were not performed by MD Cosmetic Nurse. If you have a treatment complication from another practitioner, please present back to your original treating practitioner. Please note, you may not be deemed a suitable candidate for treatment if there is a complication from a previous treatment from another practitioner. This will be discussed with you during a consultation.
MD Cosmetic Nurse does not consult certain areas of the face for volume loss consultations, due to “high risk” complications. Please do not make a booking for volume loss consultations if you’re concerned about the following areas for volume loss: the nose, temples, glabella (frown line area), or forehead.
Please do not book for repeat wrinkle reduction consultations (including different areas) prior to 12 weeks apart (excluding follow-up appointments at 2-4 weeks apart). If you book for repeat consultation before twelve weeks apart, you may be contacted and advised to reschedule your appointment. The onus is solely on the patient to rebook for follow-up appointments 14-21 days post treatment for a review. Beyond these timeframes will require you to wait until twelve weeks post initial wrinkle reduction consultation.
If you’re wanting another volume loss consultation for the same area of concern, you must wait 4 weeks between consultations.
You can reschedule your appointment online yourself prior to 72 hours of your appointment time by logging into the booking system. The rescheduling link is sent in the confirmation e-mail of the initial booking. You are unable to reschedule your appointment online within 72 hours of an appointment time, as the 72 hour cancellation fee applies within this timeframe.
MD Cosmetic Nurse reserves the right to cancel your appointment, and prevent any future appointments, if inappropriate behaviour (e.g. verbal and/or physical abuse, threats, violence, swearing) is made to our staff, if there are numerous cancellations or rescheduling of appointments, or if a patient is not deemed medically fit for treatment, or a patient does not need treatment. In the instance where abuse of our staff has occurred during a consultation, you will be asked to immediately leave the clinic. If treatment does not proceed, due to inappropriate behaviour, the deposit is used as a consultation fee and is non-refundable and non-transferable.

Orders, Refunds and Cancellation Policy

Order constitutes offer

By placing an order through this site, you make an offer to us to purchase the services that you have selected pursuant to these Website Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any services to you – however, MD Cosmetic Nurse will endeavour to supply your selected services to you.

We will not commence processing any order made through this site unless and until:

payment for the order has been received by us in full; and
the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.

We reserve the right at our discretion to:

at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and
at any time:
refuse to provide services to you;
terminate your access to this site; and/or
remove or edit any content on this site.

Acceptance of orders

Acceptance of each order will take place if and when MD Cosmetic Nurse either:

provides the services to you, at the time at which MD Cosmetic Nurse commences providing the services; or
notifies you in writing that your order has been accepted, at the time at which such notification is sent by MD Cosmetic Nurse.

Refunds and Cancellations

Except as expressly provided otherwise in these Website Terms of Use and/or required under the Australian Consumer Law, all amounts paid through this site are non-refundable and non-transferable. Further information on the steps that MD Cosmetic Nurse will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Website Terms of Use below.

Refunds

MD Cosmetic Nurse has a no refund policy for all services. This includes payments for consultations, treatments, fees and other services including medical practitioner consultation fees.

If you cancel your appointment at Surry Hills or Mosman prior to 72 hours’ of your appointment time and would like to receive a refund of your deposit, you must e-mail info@mdcosmeticnurse.com.au. Refunds of deposits are not issued automatically upon cancelling your appointment. If you do not contact MD Cosmetic Nurse by email requesting a refund of your deposit, your $250.00 deposit will be held on your account for your next appointment.
Refunds of the deposit paid at Surry Hills and Mosman locations will only be refunded on the same card you paid the deposit with in one transaction. Refunds can take 5-10 business days from the date the refund was processed to appear back into the account you paid the deposit with. Due to scams, refunds cannot be made to another card, into a bank account, cryptocurrency, or by cash. You will be e-mailed a receipt of refund. If your credit card has expired, or has been cancelled since paying a fee, due to scams, a refund will not be issued and is non-refundable and non-transferable.
When required, we may refund in accordance with the Australian Consumer Law.

Deposits

By making a booking and use MD Cosmetic nurse for a service, you agree to pay the fees and any other amount payable to MD Cosmetic Nurse under these terms.

When you make a booking with MD Cosmetic Nurse at Surry Hills and Mosman locations, a $250.00 deposit (plus 1.75% + $0.30 card surcharge) is payable and is used to reserve your appointment day and time. When you make a booking with MD Cosmetic Nurse at Penrith, you will be required to store your credit card details on the booking system, as no upfront payment is required.
If treatment does not proceed on the day, for any reason, and you only have a consultation, the $250.00 deposit (plus surcharge) is used as a consultation fee and is non-refundable and non-transferable at Surry Hills and Mosman locations. If treatment does not proceed on the day at Penrith, and you only have a consultation, a consultation fee of $250.00 fee (plus 1.75% + $0.30 surcharge) is payable and will be charged to your stored credit card and is non-transferable and non-transferable.
MD Cosmetic Nurse has a 72-hour cancellation policy. If you cancel or change your booking (including follow-up appointments) within 72 hours of your appointment time, or do not attend your appointment, the $250.00 deposit (plus 1.75% + $0.30 surcharge) for Surry Hills and Mosman locations is forfeited and is non-refundable and is not transferable within this timeframe. If you cancel or amend your booking within 72 hours of its scheduled time, or do not attend your appointment at Penrith, your stored credit card will be charged $250.00 (plus 1.75% + $0.30 surcharge) and is non-refundable and non-transferable.
A booking checklist is sent to you via text message five (5) days prior to your appointment to ensure you schedule your appointment around certain contraindications to treatment. Please ensure you read this and amend your appointment, if required. If you do not fill out the booking checklist and/or consultation form, and you arrive with a listed contraindication, you will not be treated and you will be charged the $250.00 deposit (plus 1.75% + $0.30 surcharge) and is non-refundable and non-transferable. If your appointment was made at Penrith, a $250.00 deposit (plus 1.75% + $0.30 surcharge) will be charged to your stored credit card and is non-refundable and non-transferable.
If you call or e-mail info@mdcosmeticnurse.com.au ahead of your appointment time due to a listed temporary contraindication to treatment, the $250.00 deposit (plus 1.75% + $0.30 surcharge) will be transferred to an appointment 1 week after you are completely well (or 4 weeks after any significant infections). Refunds are not offered because of illness on the day, or within 72hrs of an appointment. Deposits will be held for 28 days due to contraindications to treatment. If a booking cannot be made within 28 days of a listed contraindication on the booking checklist/consultation form, the $250.00 deposit (plus 1.75% + $0.30 surcharge) will be forfeited and is non-refundable and non-transferable. If a deposit was not paid and a credit card was stored on the booking system to make an appointment, the saved card will be charged $250.00 (plus 1.75% + $0.30 surcharge ) after 28 days and is non-refundable and non-transferable.
There may still be reasons why treatment cannot proceed on the day outside of the booking checklist and consultation form. This includes having complications from previous treatment/s, past or current medical conditions, or the practitioner believes you simply do not require any treatment. If treatment is not performed on the day of the consultation, the $250.00 deposit (plus 1.7% + $0.30 surcharge) is processed as a consultation fee and is non-refundable and non-transferable. If your appointment was made at Penrith, a $250.00 consultation fee (plus 1.75% + $0.30 surcharge) will be charged to your stored credit card after your consultation.
If you are deemed a suitable candidate for treatment on the day of your consultation, the $250.00 deposit (less 1.75% + $0.30 surcharge) is redeemable off the total cost of the treatment at Mosman and Surry Hills clinics.
We try our best to run on time, and we understand emergencies, or unexpected instances arise. Please contact the clinic if you know you’re going to be late, so we can do our best to still see you. If you are more than ten (10) minutes late to your appointment, it is at the discretion of the practitioner whether you can still be seen. If MD Cosmetic Nurse does not have time to see you due to late arrival, it is at the discretion of MD Cosmetic Nurse if your deposit will be transferred to another day or forfeited. Refunds are never issued due to late arrival. If MD Cosmetic Nurse transfers your deposit, an appointment must be made and attended to within 7 days of the original appointment. After 7 days, the deposit will be forfeited. Last minute cancellations without notice/ at the time of your appointment, will result in the forfeit of the deposit, or a charge of $250.00 (plus 1.75% + $0.30 surcharge) to your saved card and is non-refundable and non-transferable.
A $50.00 deposit (plus 1.75% + $0.30 surcharge) is required to make a follow-up appointment at Surry Hills and Mosman. If you cancel, amend, reschedule, or do not attend your follow-up appointment, the deposit will be forfeited and is non-refundable and non-transferable. If you attend your follow-up appointment and you require additional treatment, the deposit will be used towards the additional payment. If the additional treatment cost does not amount to $50.00, the remaining amount will be refunded back onto your card you paid the deposit with. Due to scams, refunds of the remaining amount will not be issued onto another card, into a bank account, cryptocurrency, or by cash. If the additional treatment cost exceeds $50.00, the remaining amount is payable at the time of your appointment.

Payment and Credit Card Issues

By booking an appointment or procedure with MD Cosmetic Nurse, you agree to provide valid and current credit card information for payment.
If your credit card is declined at the time of charging, you will not be able to make an appointment online. You must contact your preferred clinic to secure an alternative form of payment. If we are unable to reach you or secure payment within 1 business day, your appointment may be cancelled and offered to another client.
MD Cosmetic Nurse does not accept credit card payments over the telephone.
In the event that you have cancelled your credit card after booking but prior to your appointment: a) You are required to inform us immediately and provide an alternative form of payment. b) Failure to do so may result in the cancellation of your appointment and the application of our standard cancellation fees.
If we discover that a credit card has been cancelled when processing the cancellation fee, or is invalid after a service has been provided: a) You will be contacted immediately to arrange an alternative form of payment. b) If payment is not received within 1 business day, we reserve the right to engage a debt collection agency, and you may be liable for any additional costs incurred in recovering the debt.
Deliberately providing invalid credit card information or cancelling a credit card to avoid payment is considered a breach of these terms and may result in legal action.
MD Cosmetic Nurse does not accept gift vouchers from Infinity Skin Clinic or Retreat to Beauty as a form of payment.
If you have a complaint, please contact Michelle Dodd directly at info@mdcosmeticnurse.com.au

Prices

MD Cosmetic Nurse reserves the right to change the prices for services displayed in this site at any time before you place an order. Due to new laws around advertising and cosmetic medicine, prices for treatments cannot be displayed publicly, or be given outside of a consultation.

The consultation fee with MD Cosmetic Nurse at Mosman, Surry Hills and Penrith is $250.00 (plus additional bank card surcharges that will be displayed at checkout) and are non-refundable and non-transferable.

The consultation fee with a medical practitioner (in-person or via telehealth) is $30.00 per consultation and is non-refundable and non-transferable.

GST

Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be exclusive of GST and may be increased on account of GST, if GST applies to the supply of the goods or services requested in your order. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Payment of the additional amount of GST will be made at the same time and in the same manner as payment for the goods and services is required to be made.

Payment methods

Payment for orders placed through this site may be made by credit card processed online using the Timely booking system and the secure Stripe payment gateway.

Stripe secure payment gateway

MD Cosmetic Nurse uses the third-party payment gateway provided by Stripe Payments Australia Pty Ltd (ABN 66 160 180 343) trading as “Stripe” for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions and privacy policy. For more information about Stripe, see the Stripe website (http://www.stripe.com/).

Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).

Our booking system will capture your card details and we reserve the right to charge your card the applicable cancellation fee upon cancellations or where a patient fails to attend their appointment.

Credit and debit card payments

EFTPOS, VISA, MasterCard, American Express (AMEX) credit cards are accepted as payment methods in the clinic. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card or EFTPOS, in which case the additional charges will be specified at checkout. There is no surcharge on cash payments. We do not accept payments via bank transfer, cryptocurrency, or any form of ‘buy now pay later’ payment methods such as Afterpay or ZipPay.

Security

While our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than MD Cosmetic Nurse.

MD Cosmetic Nurse may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as MD Cosmetic Nurse considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

Intellectual property

Copyright

In these Website Terms of Use, the term “Proprietary Content” means:

this site;
all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
all software, systems and other information owned or used by MD Cosmetic Nurse in connection with the services offered through this site (whether hosted on the same server as this site or otherwise).

All Proprietary Content is the property of MD Cosmetic Nurse or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of MD Cosmetic Nurse or other copyright owner (as applicable).

You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trade Dress

The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the service marks and/or trade dress of the MD Cosmetic Nurse. These service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the MD Cosmetic Nurse.

User Content

In these Website Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

This site contains some features that enable you and other users to upload User Content. MD Cosmetic Nurse reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

represent and warranty to MD Cosmetic Nurse that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
grant to MD Cosmetic Nurse a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at MD Cosmetic Nurse’s absolute discretion.

Copyright claims

If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MD COSMETIC NURSE AND ITS EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, MD Cosmetic Nurse and its employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
this site will meet your requirements or expectations;
anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
the quality of any services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
errors or defects will be corrected; or
this site or the servers that make it available are free of viruses or other harmful components.

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, MD Cosmetic Nurse and its employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.

Remedies limited

To the maximum extent permitted by law, MD Cosmetic Nurse and its employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at MD Cosmetic Nurse’s sole discretion):

in the case of goods, to any of the following:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
in the case of services:
the supply of the services again; or
the payment of the cost of having the services supplied again.

Release

You agree that your use of this site is at your own discretion and risk. You agree to release MD Cosmetic Nurse and its employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. MD Cosmetic Nurse may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, MD Cosmetic Nurse excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of MD Cosmetic Nurse, and MD Cosmetic Nurse shall be entitled to a reasonable extension of time for the performance of such obligations.

General

Interpretation

In these Website Terms of Use, the following rules of interpretation apply:

headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
these Website Terms of Use may not be construed adversely against MD Cosmetic Nurse solely because MD Cosmetic Nurse prepared them;
the singular includes the plural and vice-versa;
a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

Notifications

MD Cosmetic Nurse may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.

Costs

Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without MD Cosmetic Nurse’s prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.

MD Cosmetic Nurse may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by MD Cosmetic Nurse to act with respect to a breach by you or others does not waive MD Cosmetic Nurse’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

MD Cosmetic Nurse reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the services offered through this site.

Governing law and jurisdiction

These Website Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

Schedule 1 – Prohibited conduct

YOU MUST NOT:

use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
use this site by any automated means;
use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
interfere with the display of any advertisements appearing on or in connection with this site;
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
falsely imply that any other website is associated with this site;
do anything that leads, or may lead, to a decrease in the value of MD Cosmetic Nurse’s intellectual property rights in this site;
use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to MD Cosmetic Nurse without the MD Cosmetic Nurse’s prior written consent; or
use this site to transmit any information or material that is, or may reasonably be considered to be:
abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
in breach of any person’s privacy or publicity rights;
a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
containing any political campaigning material, advertisements or solicitations; or
likely to bring MD Cosmetic Nurse or any of its staff into disrepute.