ONLINE SERVICE TERMS AND CONDITIONS

1. INTRODUCTION

(a) DOCTOR SHAMMI PTY LTD ABN 36 639 483 631 ACN 639 483 631 trading as DOCTOR SHAMMI (we, us or our) provides a variety of dermatology services, including acne, pigmentation, AviClear, the Dr Shammi Hair Loss Protocol, medical dermatology services and other treatments offered by DOCTOR SHAMMI from time to time, including consultations before receiving any dermatology treatments (Treatment).

(b) Treatment may be provided on a one-off basis or as part of a treatment plan (Treatment Plan). These Terms govern our supply of Treatment to you or, where applicable, to the person for whom you are the parent or guardian (Client, you or your).

(c) By making a booking online or in person, or otherwise making payment for a Treatment (Booking), you agree to be bound by these Terms.

(d) We may update these Terms from time to time by updating the Terms and Conditions page on our website at https://shammi.com.au/ (Website). Updated Terms will apply in accordance with applicable law.

2. BOOKING

(a) To make a Booking, you must purchase the appropriate Treatment or pay any deposit required to secure the Booking. Bookings may be made through our Website, our third-party booking platform or directly with us. Treatment Plan inclusions are displayed on our Website or communicated to you in writing by our team.

(b) Your Treatment will take place on the date and at the time confirmed for your Booking. Any changes to your Booking must be requested through the relevant booking platform or directly with our team.

(c) Our online bookings are facilitated by MyHealth1st and are also subject to its applicable terms of service, available at https://www.myhealth1st.com.au/terms-and-conditions/.

(d) Standard appointments: Unless otherwise agreed, a $100 deposit is required to secure every appointment, regardless of how far in advance the appointment is booked. For bookings made directly with DOCTOR SHAMMI, the deposit must be paid at the time of booking or as otherwise requested by our team. An appointment may be released if the required deposit has not been paid.

(e) Online bookings through MyHealth1st: MyHealth1st does not allow us to collect a deposit at the time an online Booking is made. Clients who book online through MyHealth1st must therefore pay the required $100 deposit within one business day of making the Booking. Our concierge team will contact the client to arrange payment. If the client does not respond to our attempts to contact them or the deposit remains unpaid within one business day, we reserve the right to cancel the Booking without further notice.

(f) A Booking is not secured until the applicable deposit or payment requirement has been met, subject to the payment arrangements for online bookings through MyHealth1st set out in clause 2(e).

3. TREATMENTS

3.1 General

(a) The types of Treatment we offer, their inclusions, applicable fees and other details are set out on our Website or communicated to you in writing.

(b) Before commencing Treatment, unless otherwise specified, you must:

(i) participate in an initial consultation with our team to determine whether the Treatment is appropriate for your needs, expectations and personal circumstances (Initial Consultation);

(ii) before your first Treatment of a particular type, complete an induction consent form providing relevant information and confirming that you understand the risks, limitations, potential outcomes and contraindications associated with that Treatment (Initial Consent); and

(iii) complete a pre-session consent form at each subsequent session for that Treatment, confirming your general wellbeing and any changes to your health circumstances (Pre-Session Consent).

(c) You acknowledge that we rely on the information you provide in the Initial Consultation, Initial Consent and Pre-Session Consents when determining the suitability of Treatment. To the extent permitted by law, we are not responsible for loss or damage arising from information you provide that is inaccurate, incomplete or misleading.

3.2 Online Treatment

(a) If you participate in Treatment delivered online, including telehealth appointments (Online Treatment), the appointment will take place through a third-party video conferencing application or platform (Online Service Platform), which we will notify you of when you make your Booking.

(b) To the extent permitted by law, we are not responsible for your inability to participate in an Online Treatment due to technical issues within your control, including an inadequate internet connection or an incompatible device. Any applicable rights under the Australian Consumer Law remain unaffected.

(c) You agree to comply with the applicable terms and policies of the Online Service Platform. At the time these Terms are published, the relevant platform may be MyHealth1st. Its privacy policy is available at https://www.myhealth1st.com.au/privacy-policy/.

3.3 Photography and Media

(a) We may take photographs or recordings at our premises or during Treatment, including photographs, video footage or written testimonials featuring you (Media).

(b) We will not use Media that identifies you, including your face, name or identifiable markings, for marketing or promotional purposes without your express consent, such as through our marketing consent documentation.

(c) Where you provide the required consent, you acknowledge that:

(i) we may use the Media for educational, marketing or promotional purposes, including on our Website, social media pages and other channels;

(ii) subject to your consent and applicable law, you may be asked to assign to us the relevant rights, including intellectual property rights, in the Media; and

(iii) any release or indemnity relating to the creation or use of Media will apply only to the extent set out in the relevant consent documentation and permitted by law.

4. DISCLAIMERS

(a) Risk of injury: You acknowledge that Treatment may involve risks, including injury or illness. You must follow our team's instructions and disclose relevant information about your health and circumstances. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.

(b) Pre-existing conditions: You must inform our team of any injury, physical restriction, disability, medical condition or other circumstance that may affect your suitability for Treatment. If you believe a Treatment may be unsafe for you, you must inform our team before proceeding.

(c) Results not guaranteed: We do not guarantee that any Treatment will achieve a particular result, outcome or improvement, whether aesthetic or otherwise. Results vary according to individual circumstances, and a successful outcome from one Treatment or session does not guarantee the same outcome from another.

5. CLIENT OBLIGATIONS

5.1 Capacity and Age

(a) You warrant that you have the legal capacity to enter into a binding agreement with DOCTOR SHAMMI.

(b) If you are under 18 years of age:

(i) you must have permission from your parent or guardian to make a Booking and participate in Treatment; and

(ii) you may participate in Treatment only where the applicable consent, supervision and legal requirements are satisfied.

5.2 General

(a) You must provide all documentation, information and assistance reasonably required for us to provide Treatment.

(b) You must participate in any required briefings or introductions and complete any applicable consent or waiver forms before Treatment.

5.3 Induction and Safety

You agree that you will:

(a) undertake an Initial Consultation where required before commencing Treatment;

(b) comply with the safety guidelines, instructions and rules provided by our team; and

(c) stop participating in Treatment and alert our team if you have concerns about your health or safety, or experience dizziness, faintness, illness or unusual pain during Treatment.

6. BOOKING AVAILABILITY

(a) Unless directed otherwise, you must book Treatment in advance through our Website, the third-party booking platform or directly with our team by telephone or in person.

(b) If you arrive at the end of your allocated appointment time or fail to attend your Booking, the appointment may be treated as missed. Subject to applicable law and the cancellation provisions in clause 9, missed appointments may not be eligible for a refund or credit. Where the Booking forms part of a Treatment Plan, the missed appointment may count towards the total number and type of Treatments included in that plan.

7. PAYMENT

7.1 Fees

All Fees:

(a) are displayed and accepted by you when purchasing the relevant Treatment;

(b) are payable in Australian dollars; and

(c) may change before payment is received.

7.2 Payment Obligations and Deposits

(a) Unless otherwise agreed, payment must be made in accordance with the following requirements:

(i) Standard appointments: A $100 deposit is required to secure an appointment, regardless of how far in advance it is booked. The remaining balance is payable in accordance with the payment instructions provided by DOCTOR SHAMMI.

(ii) Online bookings through MyHealth1st: The $100 deposit must be paid within one business day of making the Booking, as set out in clause 2(e).

(iii) Telehealth appointments booked within four weeks: Full payment is required at the time of Booking.

(iv) Telehealth appointments booked more than four weeks in advance: A $100 deposit is required at the time of Booking. The remaining balance must be paid no later than 48 hours before the scheduled appointment time.

(b) If full payment for a telehealth appointment booked more than four weeks in advance has not been received at least 48 hours before the scheduled appointment time, the appointment will be cancelled without further notice and the $100 deposit will be retained, subject to applicable law.

(c) Any deposit or payment retained under these Terms is subject to clause 9 and applicable law. Nothing in these Terms excludes or limits any rights you may have under the Australian Consumer Law.

7.3 GST

Unless otherwise indicated, amounts stated on our Website exclude GST. Where GST is payable on a taxable supply by us, you must pay the applicable GST, subject to our provision of a tax invoice.

7.4 Medicare and Health Insurance

(a) Medicare rebates: If you are eligible for a Medicare rebate, we will provide a receipt once the relevant services have been paid for in full. You are responsible for claiming the rebate directly from Medicare. You cannot claim a Medicare rebate for a Booking you do not attend.

(b) Health insurance: We do not process health insurance rebates on your behalf. You are responsible for claiming any applicable rebate directly from your health insurance provider.

7.5 Card Surcharge

We may apply a credit or debit card surcharge where permitted by law.

7.6 Online Payment Providers

(a) We may use third-party payment providers (Payment Providers) to collect payment for Treatment.

(b) Payments processed by a Payment Provider may be subject to its terms, conditions and privacy policies. Nothing in this clause excludes any liability that cannot lawfully be excluded.

(c) We reserve the right to correct, or instruct our Payment Provider to correct, any error in collecting Fees.

7.7 Pricing Errors

If we identify an error in the Fee for your Booking, we will attempt to contact you and explain the correct Fee as soon as reasonably possible. You may choose to proceed at the correct Fee or cancel the Booking. If you cancel and payment has already been debited, we will refund the amount paid for that Booking to your original payment method.

8. THIRD-PARTY GOODS AND SERVICES

(a) Treatment that requires us to acquire goods or services from a third party on your behalf may be subject to that third party's terms and conditions (Third-Party Terms).

(b) You agree to comply with any applicable Third-Party Terms. Nothing in this clause limits your rights under applicable law.

9. REFUNDS, RESCHEDULING AND CANCELLATIONS

9.1 Refunds

(a) Subject to applicable law and the specific cancellation arrangements in clause 9.2:

(i) Fees paid are not refundable merely because you change your mind about receiving Treatment, except where a refund is expressly provided for under these Terms or required by law;

(ii) deposits are subject to the cancellation and rescheduling provisions in clause 9.2 and are not automatically non-refundable in every circumstance;

(iii) missed appointments and no-shows may result in the forfeiture of the applicable deposit or payment in accordance with clause 9.2; and

(iv) refunds are not available solely because a Treatment or Treatment Plan does not achieve your desired aesthetic or cosmetic outcome, subject to any rights you may have under the Australian Consumer Law.

(b) Nothing in these Terms excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), including any rights to a refund or other remedy where services fail to comply with applicable consumer guarantees.

9.2 Rescheduling and Cancellations

(a) Cancellation or rescheduling by DOCTOR SHAMMI: We will endeavour to honour confirmed Bookings but reserve the right to cancel or reschedule a Booking where reasonably necessary. We will notify you as soon as reasonably possible. If we cancel your Booking and cannot arrange a suitable replacement appointment, any payment made for that Booking will be refunded to your original payment method.

(b) Standard appointments cancelled or rescheduled with sufficient notice: You may cancel or request to reschedule a standard appointment by providing at least two business days' notice before the scheduled start time. Where you provide the required notice, you may choose to receive a full refund of the amount paid or have that amount transferred to your next scheduled appointment.

(c) Standard appointments cancelled or rescheduled at short notice: If you cancel or request to reschedule a standard appointment with less than two business days' notice, we may retain the $100 deposit. If you wish to reschedule, we may require a further deposit to secure the new appointment, subject to applicable law.

(d) Telehealth appointments cancelled or rescheduled with sufficient notice: You may cancel or request to reschedule a telehealth appointment by calling 03 9086 8686 or emailing concierge@odedermatology.com.au. Where at least two business days' notice is provided before the scheduled start time, you may choose to receive a full refund of the amount paid or have that amount transferred to your next scheduled appointment.

(e) Telehealth appointments cancelled or rescheduled at short notice: If you cancel or request to reschedule a telehealth appointment with less than two business days' notice, a $100 cancellation fee will be retained and any remaining balance refunded, subject to applicable law.

(f) Failure to attend a telehealth appointment: If you fail to attend a telehealth appointment without providing at least two business days' notice, the full payment for that appointment will be forfeited and no refund will be provided, subject to applicable law.

(g) Unpaid telehealth appointments: If full payment for a telehealth appointment booked more than four weeks in advance has not been received at least 48 hours before the scheduled appointment time, the appointment will be cancelled without further notice and the $100 deposit will be retained, subject to applicable law.

(h) Late arrival: If you arrive late for a Booking, we may, where possible, provide Treatment within the remaining appointment time. If there is insufficient time to proceed safely or appropriately, the appointment may be treated as cancelled. Any deposit retained in these circumstances will be subject to applicable law.

(i) Business days: For the purposes of these Terms, business days exclude Saturdays, Sundays and Victorian public holidays.

10. INTELLECTUAL PROPERTY

(a) You do not acquire intellectual property rights in any DOCTOR SHAMMI intellectual property as a result of these Terms or receiving Treatment.

(b) For the purposes of this clause:

(i) DOCTOR SHAMMI IP means material produced, owned or licensed by DOCTOR SHAMMI before or during the provision of Treatment, whether developed independently or in conjunction with the Client or others, and any intellectual property rights attaching to that material.

(ii) Intellectual Property Rights means all present and future intellectual and industrial property rights throughout the world, including copyright, trade marks, designs, patents, confidential information and rights to register those rights, whether registered or unregistered.

(iii) Material means tangible and intangible information, documents, reports, drawings, designs, software, inventions, concepts, data and other materials in any media.

11. WARRANTIES

(a) To the maximum extent permitted by law, any express or implied representations and warranties not expressly stated in these Terms are excluded.

(b) Nothing in these Terms excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law, including any applicable consumer guarantees.

12. LIABILITY AND INDEMNITIES

12.1 No Reliance

You acknowledge that, in making a Booking and entering into this agreement, you have considered the information available to you about the Treatment and its suitability for your purposes. Nothing in this clause excludes liability for misleading or deceptive conduct or any other liability that cannot lawfully be excluded.

12.2 Liability

(a) To the maximum extent permitted by law, and subject to clause 12.2(b), each party's total liability to the other for loss or damage arising in connection with this agreement is limited to the amount paid by you to DOCTOR SHAMMI in the three months preceding the event giving rise to the liability.

(b) The limitation in clause 12.2(a) does not apply to liability that cannot lawfully be limited or excluded.

12.3 Consequential Loss

To the maximum extent permitted by law, neither party is liable to the other for incidental, special or consequential loss or damage, including loss of data, business, business opportunity, goodwill, anticipated savings, profits or revenue, except:

(a) in relation to liability for fraud, personal injury, death or loss of or damage to tangible property; or

(b) to the extent that liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or other applicable law.

13. PRIVACY

You agree to be bound by our Privacy Policy, available at https://shammi.com.au/privacy-policy.

14. DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with these Terms must not commence court proceedings, other than a claim for urgent interlocutory relief, unless that party has complied with this clause.

(b) A party seeking resolution of a dispute must give the other party written notice setting out reasonable details of the dispute and requesting its resolution under this clause.

(c) Following the notice, each party must use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within 14 days after the notice, or another period agreed in writing, either party may commence legal proceedings.

15. FORCE MAJEURE

(a) If we become unable, wholly or partly, to perform an obligation under these Terms, other than an obligation to pay money, due to a Force Majeure Event, we must promptly give you written notice setting out:

(i) reasonable details of the Force Majeure Event; and

(ii) so far as known, the likely extent and duration of the resulting inability or delay.

(b) Subject to compliance with this clause, the affected obligation will be suspended to the extent it is affected by the Force Majeure Event.

(c) We will use our best endeavours to overcome or remove the Force Majeure Event as quickly as reasonably possible.

(d) For the purposes of these Terms, a Force Majeure Event means any:

(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;

(ii) strike or other industrial action outside our control; or

(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic or pandemic.

16. NOTICES

(a) A notice or other communication under these Terms must be in writing and sent by email to the email address most regularly used by the parties to correspond, unless another method is required by law.

(b) Unless the sender knows or reasonably ought to suspect that an email was not delivered, notice will be taken to have been given 24 hours after it was sent, or when the recipient replies, whichever occurs first.

17. GENERAL

17.1 Governing Law and Jurisdiction

This agreement is governed by the laws applying in Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria and the courts of appeal from them in respect of proceedings arising out of or in connection with this agreement.

17.2 Waiver

No party may rely on the words or conduct of another party as a waiver of a right unless the waiver is in writing and signed by the party granting it.

17.3 Severance

Any term of this agreement that is wholly or partly void or unenforceable is severed to the extent necessary. The validity and enforceability of the remaining terms are not affected.

17.4 Joint and Several Liability

An obligation or liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

17.5 Assignment

A party may not assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

17.6 Entire Agreement

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, relating to its subject matter.

17.7 Interpretation

(a) Singular and plural: Words in the singular include the plural and vice versa.

(b) Gender: Words indicating a gender include the corresponding words of any other gender.

(c) Defined terms: Where a word or phrase has a defined meaning, other grammatical forms of that word or phrase have a corresponding meaning.

(d) Person: A reference to a person or you includes an individual, the estate of an individual, a corporation, an authority, an association, a consortium, a joint venture, a partnership, a trust or any other entity.

(e) Party: A reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, any substituted or additional trustee.

(f) Agreement: A reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement. A reference to this agreement includes all schedules, exhibits, attachments and annexures to it.

(g) Documents: A reference to a document, including this agreement, is to that document as varied, novated, ratified or replaced from time to time.

(h) Headings: Headings and bold text are for convenience only and do not affect interpretation.

(i) Includes: The word “includes” and similar words are not words of limitation.

(j) Adverse interpretation: No provision of this agreement will be interpreted adversely to a party because that party was responsible for preparing this agreement or that provision.

(k) Currency: A reference to $ or dollar is to Australian currency, unless otherwise agreed in writing.