E-Skin — Terms & Conditions (Australia)

Operator: e-skin (ABN: 74896767978)  (“we”, “us”, “our”)
Contact: admin@e-skin.com.au • 0413 822 633
Location/Time Zone: Queensland, Australia (Australia/Brisbane)
Version: Rev 2.7 • Effective date: 02 August 2025

1. Important Notice (Summary Only)

This summary highlights key terms only. It does not replace the full Terms & Conditions and does not limit your rights under the Australian Consumer Law (ACL).

• Right to cancel prior to supply: We may decline or cancel a booking before supply (e.g., practitioner availability, equipment issues). If we cancel, we refund amounts paid for the cancelled service, subject to these Terms.

• Third-party platforms & your information: We use third-party booking/payment/communications tools (“Third Party Software”). To the maximum extent permitted by law, we are not liable for unavailability, delay, error or loss caused by Third Party Software, or by inaccurate/incomplete information you provide.

• Liability cap & no consequential loss: Subject to non-excludable law, our aggregate liability relating to any product/service is capped at the amount you paid for that product/service, and we exclude Consequential Loss.

• Cosmetic nature & regulatory status: We make no therapeutic claims for our cosmetic HIFU services. They are not intended to diagnose, treat, cure or prevent disease. Our HIFU equipment is not currently on the ARTG and we do not represent that we are TGA-approved. We are progressing relevant TGA regulatory processes.

• Force Majeure & your acts/omissions: We are not liable where loss/delay arises from a Force Majeure Event or your acts/omissions (e.g., not following pre/post-care; not disclosing relevant health information).

• Amendments: We may amend these Terms by publishing updated terms on our website; changes take effect on publication unless stated otherwise.

• ACL preserved: Nothing in these Terms excludes, restricts or modifies any rights, remedies or guarantees you have under the ACL. Where liability cannot be excluded, it is limited to the minimum extent permitted by law.

Definitions (see clause 21): Consequential Loss, Force Majeure Event, Third Party Software, Deposit, No-Show.

2. Acceptance of these Terms

You accept these Terms by making a booking, paying a Deposit, purchasing products or otherwise using our services or website.

3. Health & Medical Disclaimer (Australia)

3.1 No medical practice or advice. We and our personnel are not medical practitioners or healthcare professionals. We do not provide medical advice, diagnosis, treatment or prescriptions, and our consultations, cosmetic services (including HIFU) and product recommendations are not medical services.
3.2 Informational nature only. Any information provided in-clinic, online or with products is general cosmetic information only, not a substitute for advice from a qualified medical practitioner, and must not be relied on to diagnose, treat, cure or prevent any disease, injury or condition.
3.3 Suitability & disclosure. Individual results vary. You are responsible for assessing suitability and for fully and accurately disclosing relevant health information in our pre-treatment forms and during consultation, and for following all pre-/post-care instructions.
3.4 No therapeutic claims. Before/after images and testimonials are illustrative only and do not constitute guarantees or expected outcomes.
3.5 Seek medical care when required. If you have or suspect any medical issue, are taking prescription medication, are pregnant/breastfeeding, or have implanted devices, seek advice from a suitably qualified medical professional before proceeding. In an emergency, call 000.
3.6 ACL preserved. Nothing in this disclaimer limits your non-excludable ACL rights.

4. Cosmetic Nature & Regulatory Status

We make no therapeutic claims regarding our cosmetic HIFU services. Our equipment is not currently included on the ARTG and we do not represent that we are TGA-approved. We are actively pursuing appropriate TGA regulatory processes.

5. Bookings & Deposits

5.1 Provisional bookings. A booking request reserves a provisional time only.
5.2 Deposit to confirm. A 50% deposit of the quoted price (the “Deposit”) is required to confirm your booking. We will issue a confirmation once the Deposit is received; until then, we may release the timeslot.
5.3 Deposit timing.
(a) If your appointment is >48 hours away, pay the Deposit within 48 hours of the booking request (via the secure link we send).
(b) If your appointment is ≤48 hours away, the Deposit is due at the time of booking.
(c) If not received on time, the booking lapses and may be offered to others; we will assist with rescheduling if you wish to proceed.
5.4 Application & refunds. The Deposit is applied to the appointment price. Deposit refunds/credits are governed by clause 7 and the ACL. If we cancel before supply for reasons within our control, we refund the Deposit in full (or apply it to a new time, if you prefer).
5.5 Pre-appointment forms. You must complete our service-specific consultation form accurately and in full and provide any information we reasonably require (medical history, medications, implanted devices, allergies, skincare use, conditions). We may decline, modify or defer a service where forms are incomplete/inaccurate, indicate a contraindication, or where reasonably necessary for safety.
5.6 Reminders & communications. Confirmations and reminders by SMS/email are a courtesy only. By booking, you consent to transactional communications (confirmations, reminders, forms). You may opt out of marketing messages at any time; operational messages are necessary to administer your booking.

6. Wait List

You may add your name to our software waitlist for preferred dates/times. We do not guarantee availability; we will contact you if a slot opens.

7. Cancellation, Rescheduling & Attendance

7.1 Minimum notice. Provide at least 24 hours’ notice before your appointment to cancel or reschedule.
7.2 Late notice (<24 hours). You forfeit your Deposit and, to the extent permitted by law, we may charge up to the remaining balance as a genuine pre-estimate of loss (reserved clinician time, room allocation, prepared consumables).
7.3 No-Show. If you do not attend, or arrive >15 minutes late such that the service cannot reasonably be performed, this is a No-Show: you forfeit your Deposit and, to the extent permitted by law, we may charge up to the remaining balance as a genuine pre-estimate of loss.
7.4 Running late. Notify us as soon as practicable. We will use reasonable efforts to accommodate you; your session may be shortened to fit remaining time and the full fee applies unless we agree otherwise.
7.5 How to give notice. Email admin@e-skin.com.au, call/SMS 0413 822 633, or DM @eskin.goldcoast (note platform delivery risks). Email or phone/SMS are the most reliable; Instagram DMs are deemed received when we acknowledge in writing.
7.6 Discretion. We may vary/waive this policy case-by-case (e.g., illness/emergency).
7.7 ACL preserved. Nothing in this clause excludes, restricts or modifies your ACL rights.

8. Refunds, Returns & Remedies

8.1 ACL rights. Our goods and services come with guarantees that cannot be excluded under the ACL. If a product/service fails to meet a consumer guarantee, you may be entitled to a repair, replacement, resupply or refund, depending on whether the failure is major or minor.
8.2 Change-of-mind. We do not offer refunds for change of mind on services or products. For hygiene/safety, skincare, personal care items and supplements are not returnable once opened, unsealed or tampered with. At our discretion, we may offer an exchange for change of mind only if unused, in original unopened packaging, and returned within 7 days with proof of purchase. This does not affect ACL rights.
8.3 Services (including HIFU & skincare treatments). We do not guarantee specific aesthetic outcomes and make no therapeutic claims. Individual responses vary; before/after imagery is illustrative only. Dissatisfaction based solely on perceived lack of result where the service was provided with due care and skill and as described does not entitle a refund. If a major failure occurs, you may be entitled to cancel and obtain a refund for the affected/unconsumed portion; for minor failures, we may resupply or remedy within a reasonable time.
8.4 Equipment malfunction/early termination. If a session is cut short due to our equipment failure, we will reschedule/complete the remaining component at our cost or, where required by the ACL, provide an appropriate credit/refund for the unused portion.
8.5 Products (skincare, personal care, supplements). For a minor failure, we may repair or replace within a reasonable time; for a major failure, you may choose a replacement or refund. We may need to inspect/assess (including with the manufacturer) to determine cause; where a consumer-guarantee remedy applies, we cover your reasonable return costs.
8.6 Exclusions. We are not responsible for loss/damage arising from misuse, failure to follow instructions/aftercare, abnormal use, unauthorised alteration, reasonable wear and tear, or where you failed to disclose relevant medical information affecting suitability.
8.7 How to claim. Contact admin@e-skin.com.au or 0413 822 633 with order/booking details, description, photos (if applicable) and proof of purchase. Returns must be brought to the clinic or sent as directed. Refunds (where applicable) are processed to the original payment method; credits/replacements are recorded on your client account.
8.8 Illustrative materials. Testimonials, case studies and before/after images are examples only and do not constitute representations, warranties or guarantees as to expected outcomes.

9. Gift Cards

9.1 Use. Physical or digital gift cards may be used for our full-price services (not redeemable against temporary promotions/discounted specials unless stated). Not redeemable for cash except as required by law. Any remaining value stays on the card.
9.2 Validity. Gift cards are valid for 3 years from purchase (does not apply to reloadable balances).
9.3 Fees & transactions. No post-purchase fees apply. No limit on transactions until the balance is exhausted. Cards may be reloaded/topped-up.
9.4 Refunds. Gift cards are non-refundable, subject to non-excludable rights under the ACL.

10. Referral Offer

If you refer a new client who attends and pays for a service, we will issue a $50 e-skin gift voucher to your client account, redeemable against our products or services. We may amend or withdraw referral programs at any time (changes do not affect already-earned vouchers).

11. Memberships

Membership rules and conditions are available on request from management and form part of these Terms when you enrol in a membership.

12. User Generated Content (UGC)

12.1 Ownership & licence. You retain ownership of UGC you submit (text/images/video). You grant us a worldwide, royalty-free, perpetual, irrevocable licence (with right to sublicense) to use, reproduce, modify, adapt, publish, communicate and display such UGC for operating, promoting and improving our services. You consent to us doing any act or omission in relation to UGC that may otherwise infringe your moral rights.
12.2 Your responsibilities. You are solely responsible for UGC you submit and warrant that it is lawful, non-infringing and does not violate others’ rights. We may remove or refuse UGC at our discretion.
12.3 Removal requests. You may request removal of your UGC by emailing the address in clause 1; we will act within a reasonable time.

13. Use of the Site

13.1 Eligibility. You must be 18+ to make a booking or purchase via the Site.
13.2 Your information. Information you provide will be handled per our Privacy Policy. You warrant information you provide before, during and after a booking is true, correct and complete. To the maximum extent permitted by law, we are not liable for loss arising from or connected with information you provide that is inaccurate, incomplete or misleading.
13.3 Prohibited conduct. You must not: breach privacy or legal rights; defame, harass or threaten; use the Site unlawfully; interfere with users; tamper with/modify the Site (including viruses/trojans); send unsolicited electronic messages; scrape or mine data; or facilitate any of the foregoing.
13.4 Genuine pre-estimate of loss. You acknowledge our cancellation/no-show charges are a genuine pre-estimate of loss from failing to attend or provide timely notice.

14. Prices, Payment & Taxes

14.1 Prices are in AUD and include GST unless stated. We may correct errors (including pricing) and update prices at any time prior to supply.
14.2 Payment methods are as offered at the time of booking/purchase. We may use Third Party Software/payment processors; your use of them is subject to their terms.

15. Third Party Software

We use Third Party Software for bookings, payments, communications and records. To the maximum extent permitted by law, we are not liable for unavailability, delay, error or loss caused by Third Party Software.

16. Intellectual Property

All Site content, trademarks, logos and materials (other than your UGC) are our or our licensors’ IP. You must not reproduce, adapt or exploit them except as permitted by law or with our prior written consent.

17. Force Majeure

We are not liable for delay or failure to perform due to a Force Majeure Event. We will notify you where practicable and perform as soon as reasonably possible after the event ends.

18. Liability

18.1 ACL preserved. Nothing in these Terms excludes, restricts or modifies non-excludable rights under the ACL or other laws.
18.2 Cap & consequential loss. Subject to clause 18.1 and to the maximum extent permitted by law, our total aggregate liability in connection with any product/service is limited to the amount you paid for that product/service, and we exclude Consequential Loss.
18.3 Your acts/omissions. We are not liable for loss arising from your acts/omissions, including failure to follow instructions/aftercare or to disclose relevant health information.

19. Amendments

We may amend these Terms by publishing updated terms on our website. Changes take effect upon publication unless stated otherwise. Continued use/booking after publication constitutes acceptance.

20. General

20.1 Governing law & jurisdiction. Queensland law governs. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and courts entitled to hear appeals from them.
20.2 Severability. If any provision is invalid/unenforceable, it is severed and the remainder continues in force.
20.3 Assignment. We may assign/transfer our rights or obligations on notice; you must not assign without our prior written consent.
20.4 Notices. Send notices to admin@e-skin.com.au; we may notify you via the contact details you provide.
20.5 Entire agreement. These Terms, together with any service-specific consent/aftercare forms and our Privacy Policy, comprise the entire agreement for your bookings/purchases.

21. Definitions

• ACL means the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

• Consequential Loss means loss of profit, revenue, opportunity, reputation, or any indirect/special loss, and loss or corruption of data.

• Deposit means the 50% booking deposit described in clause 5.

• Force Majeure Event means an event beyond our reasonable control, including acts of God, epidemics/pandemics, government action, power/utility or telecommunications failures, supplier failure, extreme weather, or Third Party Software outages.

• No-Show has the meaning in clause 7.3.

• Third Party Software means third-party platforms or tools used by us for bookings, payments, communications or record-keeping.

Privacy Policy (Australia)

Operator: e-skin (“we”, “us”, “our”)
Applies to: Our clinics, website, booking systems, communications and social media
Contact (privacy): admin@e-skin.com.au • 0413 822 633
Location/Time Zone: Queensland, Australia (Australia/Brisbane)
Version: Rev 2.7 • Effective date: 02 August 2025

Collection Notice (APP 5)
We collect personal information (including health information) directly from you and from third-party booking, payment and messaging platforms to provide our cosmetic services (including HIFU), manage appointments, process payments, provide aftercare and communicate with you. If you do not provide requested information, we may be unable to assess suitability or deliver services safely. We may disclose information to service providers (e.g., booking, payment, CRM, email/SMS, IT hosting) and, where legally required, to regulators. Some providers may store data outside Australia (see clause 10). See this Policy for details on access/correction (clause 13), complaints (clause 14) and marketing choices (clause 5).

1. About this Policy

We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Because we provide cosmetic skin services and collect health information, we are treated as a health service provider under the Privacy Act. This Policy explains what we collect, how we use and disclose it, and your rights.

2. What we collect

• Identity & contact: name, DOB, address, email, phone, sex.

• Booking & account: appointment history, preferences, notes, intake/consent forms, photographs taken in-clinic for clinical records, before/after images (see clause 6).

• Health information (sensitive information): medical history, medications, implanted devices, allergies, skin concerns, pregnancy/breastfeeding status, contraindications, pre/post-care compliance and clinician observations.

• Payment & transactions: amounts, methods, refunds/credits (we do not store full card numbers; see clause 7).

• Communications & UGC: emails, SMS, DMs, testimonials, comments, images/videos you provide or authorise us to use.

• Technical/cookies: device, browser, IP address, session IDs, pages viewed, referral sources, advertising identifiers (see clause 8).

• Premises security (if used): CCTV in clinic common areas for safety and loss prevention; signage will indicate CCTV operation.

3. How we collect

• Directly from you: in person, via forms, by phone/SMS/email/DM, or through our website/booking pages.

• Automatically: through cookies, pixels and analytics tools on our digital channels.

• From third parties: booking/payment/messaging providers, advertising platforms and, with your consent where required, from your authorised representative (e.g., guardian/carer).

4. Why we collect (purposes)

We collect, use and disclose information to:
(a) assess suitability and deliver cosmetic services safely;
(b) schedule, confirm and manage bookings;
(c) process payments, credits and refunds;
(d) maintain clinical records and provide aftercare;
(e) respond to enquiries and manage complaints;
(f) operate, secure and improve our website and systems;
(g) send operational messages (confirmations, reminders, forms) and, where permitted, marketing (see clause 5);
(h) create de-identified statistics and insights to improve services; and
(i) comply with laws (e.g., health, privacy, taxation) and manage risk.

5. Marketing communications

We may send you marketing by email/SMS/online about our services, offers and events. You can opt out at any time (unsubscribe link in email, reply STOP to SMS, or contact us). Operational messages (e.g., appointment reminders, forms) are not marketing and are necessary to administer your booking.

6. Photos, before/after images & testimonials

• Clinical records: We may take treatment-area photos to support clinical care; these are stored in your file.

• Marketing use: We will only publish identifiable photos, videos or testimonials with your express written consent. You may withdraw consent prospectively; we will take reasonable steps to remove content under our control, noting that prior shares/caches/third-party reposts may persist.

• UGC: Content you post/tag may be used under the licence in our User Generated Content clause in the Terms.

7. Payment information

We use PCI-DSS compliant third-party payment processors. We do not store full card numbers on our systems. Processors may provide us a token to process future payments (e.g., deposits, late-cancellation/no-show charges) consistent with your booking consents.

8. Cookies, analytics & ad tech

We use cookies/pixels and similar technologies (e.g., website analytics, conversion tracking and remarketing tools) to operate and improve our site and measure campaign performance. You can manage cookies via your browser settings and opt-out of some interest-based advertising through platform controls. Blocking cookies may impact site functionality.

9. Disclosures to third parties

We may disclose personal information to:

• Service providers: booking/scheduling, payments, CRM, email/SMS, cloud hosting, IT support, analytics, marketing platforms and document storage;

• Professional advisers & insurers (for claims, audits and compliance);

• Regulators or law enforcement where legally required; and

• Your authorised representatives (with appropriate authority/consent).

We require service providers to handle personal information in accordance with the APPs and this Policy, and to use it only for the services they provide to us.

10. Overseas disclosures (APP 8)

Some service providers may store or access information from outside Australia (for example, the United States, European Union or Singapore). Where we disclose personal information overseas, we take reasonable steps to ensure the recipient will handle it in a way that is consistent with the APPs (e.g., contractual safeguards and vendor due diligence). By using our services, you consent to such overseas disclosures.

11. Security

We implement technical and organisational measures appropriate to the sensitivity of the information we hold, including encryption at rest/in transit where applicable, access controls, audit logging and staff training. No method of transmission or storage is completely secure; we cannot guarantee absolute security.

12. Retention & de-identification

• Clinical/booking records: retained for as long as reasonably necessary for the purposes in clause 4 and to meet legal/insurance requirements. As a guideline, we generally keep adult clinical records for at least 7 years from the date of last service, unless a longer period is required by law.

• Other records: kept for periods reflecting operational and legal needs, then securely destroyed or de-identified.

13. Access & correction (APPs 12–13)

You may request access to, or correction of, your personal information by emailing admin@e-skin.com.au. We will respond within a reasonable time (usually 30 days). For security we may need to verify your identity. If we refuse access or correction (where permitted by law), we will tell you why and how to complain.

14. Complaints & the Notifiable Data Breaches (NDB) scheme

If you have a privacy concern, contact us at admin@e-skin.com.au. We will investigate and respond within a reasonable time.
If we experience an eligible data breach that is likely to cause serious harm, we will notify affected individuals and the Office of the Australian Information Commissioner (OAIC) in accordance with the NDB scheme.
If you are not satisfied with our response, you may contact the OAIC: oaic.gov.au • 1300 363 992 • GPO Box 5218, Sydney NSW 2001.

15. Children & minors

Our services and bookings are for adults (18+). We do not knowingly collect personal information from children. If you believe we have collected information about a minor, contact us and we will take appropriate steps (including deletion where applicable).

16. Changes to this Policy

We may update this Policy by publishing a new version on our website. Changes take effect on publication unless stated otherwise. Your continued use after publication constitutes acceptance.

17. Definitions

• Personal information: information or an opinion about an identified individual or an individual who is reasonably identifiable.

• Sensitive information: a subset of personal information including health information, which we only collect with consent or as otherwise permitted by law.

• Health information: information or an opinion about the health, disability or health services provided to an individual, and other information defined in the Privacy Act.

• APPs: the Australian Privacy Principles in the Privacy Act 1988 (Cth).

• CCTV: closed-circuit television systems operating at our premises (if used).

Contact

For questions or notices, contact admin@e-skin.com.au or 0413 822 633.