Plastic & Cosmetic Surgery Clinic, Melbourne, VIC

Terms and Conditions of Use

1. Agreement
   1. In these Terms and Conditions the words “we”, “our” and “us” refer to The Trustee for the Jackson Plastic Surgery Unit Trust (ABN 17 303 297 737) trading as Re. Plastic Surgery (and includes its directors, officers, employees, agents and affiliates) and Re Mediskin Pty Ltd (ABN 87 609 164 776) (and includes its directors, officers, employees, agents and affiliates) and “you” or “your” means the person who agrees to be legally bound by these Terms and Conditions.
   2. By using this Site you agree to be legally bound by these Terms and Conditions. If you do not agree to be legally bound by these Terms and Conditions, you must not use this Site.
2. Definition and Interpretation
   1. In these Terms and Conditions:
      “Intellectual Property” means all intellectual rights of whatever nature (whether or not registered or registrable), including, but not limited to, all copyright, trade names, trademarks, business names, domain names, logos, designs, patents and trade secrets.
      “Site” means www.replasticsurgery.com.au and any systems used by or in connection with this website, including servers and networks that host this website, and any information or content, including but not limited to data, source codes, graphics and images, used on or in connection with this website.
      “Terms and Conditions” means these terms and conditions of use.
   2. Any reference in these Terms and Conditions to the singular includes the plural, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only.
3. Site Use
   1. Unless we agree otherwise in writing, you may only access or use this Site for your own personal use.
   2. You must ensure that your access to and use of this Site is not illegal or prohibited by laws which apply to you.
   3. This Site and its content, including links, are provided to you ‘as is’ and your access to and use of this Site is at your own risk.
   4. In order to use this Site you will need internet access and devices and systems which are compatible with this Site. These requirements may at our sole discretion and without notice change and it is your responsibility to ensure that your devices and systems meet the relevant requirements. We have no obligation to make this Site available to you at any time or on any device or system
   5. You are responsible for taking all necessary steps to ensure that your access to and use of the Site does not expose you or your computer system to interference or harm, including interference or harm from viruses or other malicious computer code.
   6. You must not and must not attempt to misuse, hack into, circumvent, disable, undertake any activity which will place an unreasonable burden on or otherwise disrupt the operation of this Site or any part of it.
   7. In order to use the Site or part of it, you may be required to provide certain personal information (including your name, current address, current telephone number and a valid email address) and nominate and maintain a username and password. You must keep this user information secure and you must notify us immediately if you become aware of any unauthorised use of your user information.
   8. You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
   9. We may at our sole discretion and without prior notice stop, limit, restrict or withdraw, temporarily or permanently, your access to or use of the Site or our permission to link to our Site.
4. Privacy
   1. Our policy on the collection, use and disclosure of your personal information is set out in our Privacy Policy which forms part of these Terms and Conditions
5. Intellectual Property
   1. Unless expressly authorised under these Terms and Conditions or unless we agree otherwise in writing, you may not reproduce, adapt, modify, display, publish, perform, distribute, store, transmit, decompile or reverse engineer or otherwise exploit any Intellectual Property on our Site.
   2. If you believe content on this Site infringes your intellectual property rights, please notify us via email at enquiries@replasticsurgery.com.au. In the email please specify the following information:
      • your name;
      • your address;
      • your phone number;
      • your email address;
      • information to allow us to find the relevant content on this Site;
      • a description of the content that you believe is a breach of your intellectual property rights and the reasons for this; and
      • where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf).
6. Disclaimer
   1. To the maximum extent permitted by law, we do not make any warranties or representations, whether express or implied, that our Site or Sites that we link to or your access to or use of them will be uninterrupted, secure or error free, that any defects in the Site will be corrected or that the Site is free of viruses or other malicious computer code.
   2. To the maximum extent permitted by law, we do not make any warranties or representations, whether express or implied, that the information on our Site or information on website(s) that we link to is accurate, complete, suitable or current.
7. Limitation of liability
   1. To the maximum extent permitted by law, you acknowledge and agree we will not be liable for and you forever release and discharge us from any claims that you have now or may have against us for any direct, indirect, special, consequential or other damages that result from, are connected with, arise out of, or are incidental to your access or use of, or your inability to access or use this Site, part of this Site or any other website, including viruses or other malicious computer code, unauthorised use of your user information, or the accuracy, completeness, suitability or currency of any information or content.
8. Indemnity
   1. 8.1 To the maximum extent permitted by law, you agree to indemnify us and keep us indemnified against all claims, loss, damages and expenses that result from, are connected with, arise out of, or are incidental to your access or use of, or your inability to access or use, our Site, part of our Site or any other website, including viruses or other malicious computer code, unauthorised use of your user information, or the accuracy, completeness, suitability or currency of any information or contents.
9. General
   1. We reserve the right at our sole discretion and without notice to make changes to these Terms and Conditions. Changes to the Terms and Conditions will be effective immediately upon publication on this Site. By continuing to use the Site following such publication you agree to be legally bound by the Terms and Conditions as amended.
   2. Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
   3. Any failure or delay by us to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our ability to exercise that or any other power or right in the future.
   4. These Terms and Conditions are governed by, and must be construed according to, the law of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.

Terms and Conditions of Sale

1. Agreement
   1. In these Terms and Conditions the words “we”, “our” and “us” refer to Re Mediskin Pty Ltd (ABN 87 609 164 776) (and includes its directors, officers, employees, agents and affiliates) and “you” or “your” means the person who agrees to be legally bound by these Terms and Conditions
   2. By making an Order for Products on this Site you agree to be legally bound by these Terms and Conditions. If you do not agree to be legally bound by these Terms and Conditions, you must not make an Order for Products on this Site.
2. Definition and Interpretation
   1. In these Terms and Conditions:
      “Order” means an order for one or more Products made on the Site.
      “Products” means the product items listed for sale on the Site from time to time.
      “Site” means www.replasticsurgery.com.au and any systems used by or in connection with this website, including servers and networks that host this website, and any information or content, including but not limited to data, source codes, graphics and images, used on or in connection with this website.
      “Terms and Conditions” means these terms and conditions of sale.
   2. Any reference in these Terms and Conditions to the singular includes the plural, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only.
3. Orders
   1. Subject to these Terms and Conditions, you may place an Order for Products using the Site.
   2. If you make an Order you:
      1. agree to pay the price of the Products and the delivery fee;
      2. warrant to us that all information provided by you in relation to that Order is accurate, complete and current; and
      3. warrant to us that the Products in your Order are intended for personal, domestic use only and are not intended for commercial use.
   3. If you place an Order and the Products are to be delivered to someone other than you, you warrant to us that you have obtained that person’s consent to provide us with their personal information and that they agree to accept delivery of the Products.
   4. You acknowledge and agree that each Order that you make, if accepted by us, is a separate and binding agreement between you and us for the supply and delivery of those Products in accordance with these Terms and Conditions.
   5. If we accept your Order, we will send a confirmation email to your nominated e-mail address.
   6. If you request we change or cancel your Order, we may change or cancel your Order at our absolute discretion.
   7. We may at our sole discretion cancel your Order at any time prior to shipping of the Products. Unless we agree otherwise, we will only accept Orders for delivery within Australia and may reject Orders for delivery to rural or remote locations or to post office boxes or postal lockers.
   8. If we change or cancel your Order, we will send a confirmation email to your nominated e-mail address.
4. Products, pricing, delivery fees and discounts
   1. Products are listed on the Site and are subject to change at our sole discretion and without notice.
   2. You acknowledge and agree that each Order that you make, if accepted by us, is a separate and binding agreement between you and us for the supply and delivery of those Products in accordance with these Terms and Conditions.
   3. Prices for Products and delivery fees for Orders are listed on the Site and, unless otherwise specified, are in Australian Dollars and are inclusive of any applicable Australian taxes, including the GST.
   4. Prices for Products in an Order and the delivery fee for that Order are fixed once an Order has been confirmed, but prices for Products and delivery fees for Orders are otherwise subject to change at our sole discretion and without notice.
   5. Discounts may be given at our sole discretion on terms and conditions notified to you by us at the time of the relevant offer.
5. Payment
   1. Payment methods are listed on the Site and are subject to change at our sole discretion and without notice.
   2. Your Order must include details of your nominated payment method. If the name on the Order does not match the name of your nominated payment method, we may ask you to provide additional information (for example, proof of identity documents). By providing details of your nominated payment method with your Order you authorise us to deduct the price of the Products and the delivery fee for that Order from your nominated payment method.
   3. If we accept your Order, we will process payment for your Order then or shortly thereafter
   4. You acknowledge and agree that we may not be able to or may decline to accept payment from you by your nominated payment method at our sole discretion and without notice.
   5. If we accept your Order but then on your request change your Order, we will charge or refund you in full (to the payment method you used to make the Order) the difference between your initial Order and your subsequent Order.
   6. If we accept your Order and then on your request or at our sole discretion cancel it, we will refund you in full (to the payment method you used to make the Order) the value of that Order.
   7. We will not ship the Products in your Order unless we have accepted your Order and we have received in full payment for that Order from your nominated payment method.
6. Delivery
   1. If we have received payment in full for your Order, we will use our reasonable endeavours to ship your Order to you in a timely manner.
   2. Following shipping of your Order, we will send a confirmation email and invoice for your Order to your nominated e-mail address.
   3. You acknowledge and agree that the shipping or delivery of your Products may be delayed and, to the maximum extent permitted by law, we will not be liable for and you forever release and discharge us from any claims you may have against us for any direct, indirect, special, consequential or other damages that result from, are connected with, arise out of, or are incidental to that delay.
   4. If you have provided us with an incorrect or incomplete delivery address for your Order or your Order is otherwise returned to us, we may charge you a delivery fee for each subsequent delivery attempt.
   5. Title and risk in the Products passes to you at the time of delivery of the Products to your nominated delivery address.
7. Rights under Australian law
   1. Australian law, including the Australian Consumer Law, provides you with certain rights in respect of your Order that cannot be excluded by these Terms and Conditions, including that your Products must be of acceptable quality, reasonably fit for the purpose that we represent they will be fit for, and that the Products will correspond with any relevant description.
   2. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law, including the Australian Consumer Law, which cannot by law be excluded, restricted or modified.
8. Replacements and refunds
   1. If you believe you are entitled to a replacement or refund of a Product, please notify us via email at enquiries@replasticsurgery.com.au. In the email please specify the following information:
      • your name;
      • your address;
      • your phone number;
      • your email address;
      • a description of the content that you believe is a breach of your intellectual property rights and the reasons for this; and
      • details of the relevant Order, including an invoice for that Order.
   2. Unless we are obliged to replace or refund your Product under Australian law, any replacement or refund of your Product is at our sole discretion.
   3. If we are obliged to replace your Product, you must use your best endeavours to return the Product you received to us and we will aim to ship a replacement Product to you in a timely manner.
   4. If we are obliged to give you a refund, we aim to initiate your refund within five business days. Any additional time that it may take for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
9. Privacy
   1. Our policy on the collection, use and disclosure of your personal information is set out in our Privacy Policy which forms part of these Terms and Conditions.
10. Limitation of liability
    1. To the maximum extent permitted by law, you acknowledge and agree we will not be liable for and you forever release and discharge us from any claims that you have now or may have against us for any direct, indirect, special, consequential or other damages that result from, are connected with, arise out of, or are incidental to a Product, including the ordering, shipping, delivery and use of a Product.
11. General
    1. We reserve the right at our sole discretion and without notice to make changes to these Terms and Conditions. Changes to the Terms and Conditions will be effective immediately upon publication on this Site. By making an Order following such publication you agree to be legally bound by the Terms and Conditions as amended.
    2. Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
    3. Any failure or delay by us to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our ability to exercise that or any other power or right in the future.
    4. These Terms and Conditions are governed by, and must be construed according to, the law of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.