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 and Bookings

The following information regarding the terms and conditions of consultation is general in nature and does not constitute as medical advice.
The information is broad and may or may not apply to you. A consultation with MD Cosmetic Nurse is required to discuss your personal concerns and medical history, offer medical advice, discuss contraindications to treatments, potential risks, downtime, pricing and aftercare.
You must be 18 years or over to book a consultation. We do not consult people under the age of 18, even with parent or guardian consent.
Please do not make a booking if you’re pregnant, breastfeeding, or if you’re planning to conceive within 3 months (including IVF). This is contraindicated to all consultations.
Your 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.
Volume loss consultations have complete contraindications, as well as temporary contraindications. Please schedule your volume loss appointments around the following timeframes, if applicable:
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 nil infections or other dental issues). Periodontal disease is contraindicated to volume loss consultations.
There must be 2 weeks on either side of your volume loss appointment of you 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 we do not like to treat in this timeframe due to potential risks.
You cannot be unwell at the time of your consultation (including cold and flu, hay fever, viral (active cold sores), or bacterial infections), or have any infections (cuts, abscess, active acne) anywhere in the body. You must wait 2 weeks after being unwell to have volume loss treatment, and wait 4 weeks after any significant infections to have volume loss consultations. Please do not present to the clinic unwell, or you will be told to reschedule your appointment.
If you’re taking Isotretinoin, you must wait 3 months after finishing your last dose of oral Isotretinoin for volume loss consultations to proceed.
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 treatments. Please do not book an appointment for correction of treatments not performed by Michelle Dodd (registered nurse), as she does not offer this service. 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 consultation. 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.
Depending on time, none, some, or all of your treatment may or may not be able to be performed in the one booking and additional appointments may need to be scheduled to complete your personalised treatment plan. A consultation form/ booking checklist is sent to you, prior to your booking. Please fill out any forms that are sent to you by no later than the day before your appointment.
From 1 July 2023, new medical guidelines require all patients to be screened for body dysmorphic disorder and mental wellness. If you ‘flag’ to not be a suitable candidate, under new health guidelines, you will be referred to a General Practitioner (GP), a psychologist, or a psychiatrist for evaluation and you will not be able to make another booking until you have a clearance letter from the evaluating practitioner. It is ultimately up to the treating practitioner if future consultations can proceed, even with a clearance letter from your nominated referee.
All patients must accept to have their 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, treatments cannot proceed.
Consultations and all treatments performed at MD Cosmetic Nurse are not covered under Medicare, or any private health insurance.
You can reschedule your appointment online yourself prior to 72 hours of your appointment time by clicking here . This rescheduling link is sent to you in the confirmation e-mail of your initial booking. If you are unable to reschedule your appointment online, please call the clinic you are booked in at. You are unable to reschedule your appointment online yourself within 72 hours of your appointment time, as the 72 hour cancellation fee applies within this timeframe.
Only the patient will be allowed in the treatment room. Due to safety reasons, MD Cosmetic Nurse has a no child policy in the clinic room.
We ask that you please do not attend your appointment if you’re unwell. Please call the clinic you have your appointment at ahead of your appointment time to reschedule to when you’re well. Cancellations at the time of your appointment consultation will result in forfeit of the deposit. If you’re unwell and call ahead of your appointment time, the deposit will be transferred to your next appointment for when you’re well. Refunds are not offered because of illness on the day, or within 72hrs of your appointment.
MD Cosmetic Nurse reserve 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, or if you are not deemed medically fit for treatment, or do not need treatment. In the instance where abuse of our staff has occurred during a consultation, you will be asked to 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.

When you make a booking with MD Cosmetic Nurse at Surry Hills and Mosman locations, a $250.00 deposit is payable and is used to reserve your appointment day and time. When you make a booking with MD Cosmetic Nurse at Penrith and Bondi Junction locations, you will be required to store your credit card 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 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 Bondi Junction or Penrith locations, and you only have a consultation, a consultation fee of $150.00 is payable on the day and is non-transferable and non-transferable.
MD Cosmetic Nurse has a 72-hour cancellation policy. If you cancel or change your booking within 72 hours of your appointment time, or do not attend your appointment, the $250.00 deposit 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 Bondi Junction and Penrith locations, your stored credit card will be charged $250.00 and is non-refundable and non-transferable. When required, we may refund in accordance with the Australian Consumer Law.
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 contact Michelle Dodd at info@mdcosmeticnurse.com.au. Refunds can only be issued back onto the card you paid the deposit with. Refunds are not issued automatically upon cancelling your appointment. If you do not contact us by email requesting a refund of your deposit, your $250.00 deposit will be held on your account.
Refunds of the deposit paid at Surry Hills and Mosman locations will only be refunded on the same card you paid the deposit with. 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.
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. However, there may still be reasons why treatment cannot proceed on the day. 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 cannot be performed on the day, the deposit is processed as a consultation fee and is non-refundable and non-transferable. If you are deemed a suitable candidate for treatment on the day of your consultation, the deposit is redeemable off the total cost of the treatment. Due to new laws around advertising and cosmetic medicine, prices for treatments cannot be given outside of a consultation.
We try our best to run on time, and we understand emergencies, or unexpected instances arise. Please call the clinic your appointment is at as soon as you can, 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, as often, the days are completely booked and there is no other room to see you on the day.
If the practitioner does not have time to see you, due to late arrival, and you’re unable to be seen, it is at the discretion of the practitioner if your deposit will be transferred to another day. No refunds are ever issued due to late arrival. Last minute cancellations without notice at the time of your appointment will result in the forfeit of the deposit and is non-refundable and non-transferable.
By booking an appointment with MD Cosmetic Nurse, you acknowledge that you have read, understood, and agree to this refund and cancellation policy.

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.
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.
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.

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 (Visa or MasterCard only) 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

Only VISA and MasterCard are accepted as credit card payments in 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.