Terms of Use

Skin Mas Seal Program Face-to-Face Course

Terms and Conditions

CONTENTS

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CLAUSE

Who we are and how to contact us 1
Our contract with you 1
Placing an order and its acceptance 1
Cancelling your order and obtaining a refund 1
Our Course and Disclaimer 2
Acknowledgements by You 3
Rescheduling 4
Your rights and obligations 4
Charges 6
Payment 6
Intellectual property rights 6
How we may use your personal information 7
Limitation of liability 7
Indemnity 7
Confidentiality 8
Termination 8
Force majeure 9
Non-solicitation 9
Notices 10
Variation 10
No waiver 10
Assignment and novation 10
Severability 11
Relationship of the parties 11
Announcements 11
Governing law and jurisdiction 11

AGREED TERMS

Who we are and how to contact us

The SKINmas face-to-face SEAL program operated by Skin Mas Pty Ltd ACN 634 462 141 of 11 Maine Road, Clontarf QLD 4019 and Skin Mas’ personnel (we, us and our).

To contact us, please email [email protected] OR telephone our customer service line on 07 3048 1525.

Our contract with you
1. These terms and conditions (Terms) apply to the order by you and supply of the face-to-face SEAL Program cosmetic injectables course (Course) by us to you (Contract). To the extent permitted by law, no other terms are implied by trade, custom, practice or course of dealing.
2. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
Placing an order and its acceptance
1. Please follow the onscreen prompts to place an order for the Course. Each order is an offer by you to buy the Course subject to these Terms.
2. Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to the Course confirmed in the Order Confirmation.
3. If we are unable to supply you with the Course for any reason (prior to commencing), we will inform you of this by email and we will not process your order. If you have already paid for the Course, we will refund you the full amount.
Cancelling your order and obtaining a refund
1. You may cancel the Contract and receive a refund, if you notify us as set out in clause 4.2 within 3 days of your receipt of the Order Confirmation. You cannot cancel the Contract once you have commenced the Course, even if the 3-day period is still running.
2. To cancel the Contract, you must email us at [email protected], or by post to 11 Maine Road, Clontarf QLD 4019. If you are emailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day. We will email you to confirm we have received your request for cancellation.
3. If you cancel the Contract in accordance with the conditions prescribed in clause 4.1, we will refund you in full for the price you paid for the Course, by the method you used for payment.
Our Course and Disclaimer
1. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the Course described in them.
2. We will supply the Course to you in accordance with the specification for the Course appearing on our website and in this Contract, as at the date of your order in all material respects.
3. Completion of the of the online component of the Course is conditional on you achieving a score of no less than 100% (Minimum Online Score) in each module comprising both the online and in-person components of the Course, and you will not be able to access or undertake some modules unless you have achieved the Minimum Online Score in the pre-requisite module. You may however undertake an online module more than once.
4. Commencement of the in-person component of the Course is conditional on you completing the online component of the Course in accordance with clause 5.3, no more than 3 months before commencing the in-person component of the Course.
5. The in-person component of the Course is based on a range of theoretical and practical competencies, the Completion of which will be conditional on you meeting the minimum requirements determined by us (Minimum Requirements). Whether you can undertake an in-person module or activity more than once will be determined at our complete and unfettered discretion based on the circumstances which resulted in you not meeting the Minimum Requirements for that particular module or activity.
6. In circumstances where you have commenced but not completed the in-person component of the Course for any reason, and you wish to re-attend the in-person component of the Course at a later date, it will be treated as a new Course, and you must pay for the in-person component of the Course again.
7. We are not responsible for, nor do we make any warranties regarding the accuracy, suitability, validity, completeness or quality of information provided in the Course. The Course is provided on an ‘as is’ basis and all warranties, express or implied are disclaimed (including any implied warranties of merchantability or fitness for a particular purpose).
8. In undertaking the Course, you enter and attend our premises at your own risk and we disclaim all liability for any injuries, property damage, or death sustained by you. We also disclaim all liability for any injuries, property damage or death to a third party, which is caused by or in connection with your act or omission. You acknowledge that you are at all times responsible for any such injuries, damages or death to a third party.
9. To the extent the Course or any part thereof is undertaken online, we are not responsible for any service interruption, computer or other technology hardware damage or system failure that you may suffer by using our website and undertaking the Course.
10. The disclaimers set out in this clause apply to the maximum extent permitted by law but are not intended to exclude any statutory rights set out in the Competition and Consumer Act 2010 (Cth) or other applicable laws which cannot be excluded by law.
Acknowledgements by You
1. You acknowledge that you have obtained and maintained all necessary licences, permissions, qualifications, pre-requisites and consents which are or may be required for the Course, before the date on which you undertake the Course, and warrant that:
  1. you are 18 or more years of age;
  2. you are recognised as one or more of the following in Australia:
    1. a registered nurse;
    2. a nurse practitioner; or
    3. a doctor;
  3. you have obtained Australian Health Practitioner Regulation Authority (AHPRA) registration;
  4. you have obtained appropriate insurance coverage to undertake cosmetic injections to members of the public;
  5. you have obtained a Police Check within 6 months before taking the in-person component of the Course;
  6. you are lawfully able to provide cosmetic injections to members of the public and there are no restrictions, or current, pending or threatened litigation, inquiry, or investigation which does, or which may, prohibit you from undertaking the Course and performing cosmetic injections; and
  7. you are proficient in the English language.
2. You agree to provide proof of, and/or copies of applicable documents upon request to verify, the warranties referred to in clause 6.1.
3. You consent to us recording the in-person component of the Course, and consent to us using any personal information obtained from such recordings for training and quality purposes.
4. You acknowledge that the Course is for educational purposes only and does not provide you with any formally recognised qualifications to undertake the activities and procedures referred to in the Course. It is your responsibility to ensure that you have appropriate qualifications recognised by law and applicable regulatory bodies to undertake any activities or procedures referred to in the Course.
5. You acknowledge that, to the extent the Course is undertaken online, we make no warranties as to the Course being free from any viruses or malware, however we have used commercially reasonable efforts to check for the most commonly known viruses and malware prior to issuing the Course. You are solely responsible for virus scanning the Course.
6. You acknowledge that software in general is not error-free and agree that the existence of errors does not constitute a breach of this Contract by us.
7. You acknowledge that before entering our premises to undertake cosmetic injections you have completed the online component of the Course.
8. You acknowledge that the Course and any content within the Course may, at our discretion, change from time to time to address changes to standard practices in the industry, and applicable regulations and legislation.
9. You acknowledge that you are undertaking the Course at an address within Australia and that the Course is only intended to address applicable laws, standards, industry practices and information pertaining to cosmetic injections in Australia.
10. You acknowledge that the Course, and any health-related information, regulations, qualifications, standards and legislation referred to in the Course:
  1. is not professional advice and should not be relied upon as such;
  2. is not intended to constitute a comprehensive guide concerning all aspects of cosmetic injections or treatments described;
  3. should not be considered a substitute for the advice of or any information provided by medical or regulatory bodies in Australia, including but not limited to the Therapeutic Goods Administration, the Medical Board of Australia, and the Australian Health Practitioner Regulation Agency;
  4. does not in any way endorse or support any particular service, product, therapy or treatment; and
  5. is provided solely on the basis that you will be responsible for making your own assessment of the information presented in the Course, and complying with any applicable laws.
11. You warrant that you have not relied on any representation made by us, or upon any descriptions, illustrations or specifications contained in the Course or any document including catalogues or publicity material produced by us, which has not been stated expressly in this Contract.
Rescheduling
1. If you book an in-person component of the Course, you may reschedule the in-person component of the course, at no cost up to 48 hours before the commencement of the in-person component of the Course. If you wish to reschedule an in-person component of a Course within 48 hours of the commencement of that component of the Course, you will be charged a $500 rescheduling fee (Rescheduling Fee).
2. You acknowledge that the Rescheduling Fee does not constitute a penalty and is a genuine pre-estimate of the loss we are likely to incur due to the rescheduling of the in-person component of the Course.
Your rights and obligations
1. You are entitled to use or access the online component of the Course in perpetuity on and from the Commencement Date, however we reserve the right to update, replace, or remove the Course at any time, after which time your access to the Course and any Course Materials will cease.
2. You acknowledge that the Course is for your benefit only and warrant that you will not allow any other third party to have access to the Course or any content or materials provided in the Course.
3. You must keep any user names and passwords which grant access to the online component of the Course private and confidential and must not allow anyone else to access the Course using your user name and password.
4. In connection with your use of the Course, you must not and must not assist or enable others to:
  1. breach or circumvent the terms and conditions of this Contract;
  2. use the Course or any content provided under the Course for any commercial or other purposes that are not expressly permitted other than as expressly set out in this Contract;
  3. in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the Course on your browser), store, modify, distribute, print, upload, display, perform, remove any credits or publish, post or frame within another website, or create derivative works from any part of the Course or commercialise any information obtained from any part of the Course without our prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that material;
  4. copy, transmit, distribute, reproduce, licence, alter, adapt or modify the whole or any part of the Course in any way whatsoever;
  5. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Course;
  6. copy, store, disclose or otherwise access or use any information, including personally identifiable information about any other person, contained in the Course in any way that is inconsistent with our Privacy Policy or this Contract;
  7. use or display the SKIN mas or Seal Program name, the SKIN mas or Seal Program logo, any of our trademarks, logos, or other proprietary information without our prior written consent; and
  8. dilute, tarnish, or otherwise harm our brand in any way including through unauthorised use of Course content, using and/or registering Skin Mas or derivative terms in domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Skin Mas domains, trademarks, taglines, promotional campaigns or content.
5. While attending our premises to undertake the Course you must:
  1. upon request, provide evidence satisfactory to us in our absolute discretion of the information (including currency of same) referred to in clause 6.1;
  2. comply with any reasonable directions, policies, rules and safety guidelines notified by us from time to time;
  3. undertake all activities and cosmetic procedures in a safe and diligent manner and in compliance with Course materials and instructions given by us from time to time;
  4. immediately stop performing a procedure or activity if requested by us to do so; and
  5. immediately leave our premises if requested to do so.

It is your responsibility to ensure that:
1. you have achieved the Minimum Score in the online component of the Course before attending our premises for the face-to-face component of the Course;
2. the Course is appropriate for your needs;
3. you cooperate with us in all matters relating to the Course;
4. you provide us with such information and materials we may reasonably require in order to supply the Course, and ensure that such information is complete and accurate in all material respects;
5. you obtain and maintain all necessary licences, permissions, qualifications and consents which may be required for the Course before the date on which you undertake the Course, including those set out at clause 6.1; and
6. you comply with all applicable laws, including health and safety laws.
If our ability to provide the Course is prevented or delayed by any failure by you to fulfil any obligation listed in this clause 7, or in our reasonable opinion you have breached an obligation set out in clause 7 (Your Default):
1. we will be entitled to suspend performance of the Course until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Course, in each case to the extent Your Default prevents or delays performance of the Course. In certain circumstances Your Default may entitle us to terminate the Contract under clause 16 (Termination);
2. we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Course; and
3. it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.

Charges
1. In consideration of us providing the Course, you must pay our charges (Charges) in accordance with this clause 8.
2. The Charges are the prices quoted on our site at the time you submit your order.
3. If you wish to change the scope of the Course (for example changing from an online course to a face-to-face course) after we accept your order, and we agree to such change, we will modify the Charges accordingly.
4. Our Charges are exclusive of goods and services tax (GST). Where GST is payable in respect of some or all of the Course, you must pay us such additional amounts in respect of GST, at the applicable rate, at the same time as you pay the Charges.
Payment
1. Payment for the Course is in advance. We will take your payment upon acceptance of your order for the Course.
2. You can pay for the Course online using Paypal, a debit card or credit card (Mastercard). You can also pay for the course using ZipPay, AfterPay or cash by attending our premises at 11 Maine Road, Clontarf QLD 4019.
3. We will send you an electronic invoice within seven days of payment.
Intellectual property rights
1. All intellectual property rights in or arising out of or in connection with the Course and Course Materials are owned by us.
2. We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence to use the Course specified in your order (excluding materials provided by you) for the purpose of receiving and using the Course and such deliverables in your business. You may not sublicense, assign or otherwise transfer the rights granted in this clause 11.2.
3. You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Course to you.
How we may use your personal information
1. We will use any personal information you provide to us to:
  1. provide the Course;
  2. process your payment for the Course; and
  3. inform you about similar products or Courses that we provide, but you may stop receiving this information at any time by contacting us.
2. Further details of how we will process personal information are set out in our privacy policy www.skinmas.com.au/privacy/ (Privacy Policy).
Limitation of liability
1. To the maximum extent permitted by law, our maximum total aggregate liability under this Contract, whether based on a warranty, contract, tort (including negligence), product liability, or otherwise, shall not exceed, in the aggregate the cost of the Course.
2. We are not liable to you under this Contract for any incidental, special, exemplary, or consequential, loss or damages including loss of profits, loss of use or corruption of data or information, loss of opportunity, loss of goodwill, loss of contract, or reputational damage.
3. Nothing in this Contract is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of Course.
4. If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option, the resupply of the Course or the payment of the cost of resupply.
5. This clause 13 will survive termination of the Contract.
Indemnity
1. You agree to indemnify us and hold us harmless for any damages, losses, penalties, fines, expenses (including legal costs) that arise out of or in connection with:
  1. any death or injury to persons, and any loss or damage to the real or personal property of us or a third party, in relation to any act or omission of you;
  2. any breach by you of this Contract;
  3. any fraudulent, negligent or unlawful act or omission by you; and
  4. any information you provide via our website or any damages that you cause to our website and computer systems.
2. The indemnities under this clause 14 include, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement, breach of confidentiality and contraventions of the Competition and Consumer Act 2010 (Cth).
Confidentiality
1. We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 15.2.
2. We each may disclose the other's confidential information:
  1. where the information is in the public domain as at the date of this Contract (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on either of us);
  2. if either of us is required to disclose the information by applicable law or the rules of any recognised stock exchange or other document with statutory content requirements, provided that the recipient has to the extent practicable having regard to those obligations and the required timing of the disclosure consulted with the provider of the information as to the form and content of the disclosure;
  3. where the disclosure is expressly permitted under this Contract;
  4. if disclosure is made to our respective officers, employees and professional advisers to the extent necessary to enable either of us to properly perform our obligations under this Contract or to conduct our business generally, in which case the we each must ensure that such persons keep the information secret and confidential and do not disclose the information to any other person;
  5. where the disclosure is required for use in legal proceedings regarding this Contract; or
  6. if the party to whom the information relates has consented in writing before the disclosure.
3. Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.
Termination
1. Without affecting any of our other rights, we may suspend the performance of the Course, or terminate this Contract with immediate effect by giving written notice to you if:
  1. you fail to pay any undisputed amount due under this Contract on the due date for payment and you remain in default not less than 30 days after being notified in writing to make such payment;
  2. you commit a material breach of any other term of this Contract and that breach is irremediable or (if that breach is remediable) you fail to remedy that breach within a period of 14 days after being notified in writing to do so;
  3. an insolvency event occurs in relation to you; or
  4. there is a change of control of your company without the consent of us, such consent not to be unreasonably withheld or delayed.
2. On termination of the Contract you must return or destroy (at our request) all Course materials. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned or destroyed, as applicable, you will be solely responsible for their safe keeping and must not use them for any purpose unconnected with the Contract.
3. Termination of this Contract does not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages for any breach of the Contract that existed at or before the date of termination.
4. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
Force majeure
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
  1. we will contact you as soon as reasonably possible to notify you; and
  2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Course with you after the Event Outside Our Control is over.
3. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Course up to the date of the occurrence of the Event Outside Our Control.
Non-solicitation
1. During the Term of this Contract and for a period of 24 months following the termination or expiration of this Contract, you will not make any solicitation to employ our personnel without our prior written consent. For the purposes of this clause 18, a general advertisement or notice of a job listing or opening or other similar general publication of a job search or availability to fill employment positions, including on the internet, will not be construed as a solicitation or inducement, and the hiring of any such employees or independent contractor who freely responds thereto will not be a breach of this clause.
2. During the Term of this Contract and for a period of 24 months following the termination or expiration of this Contract, you must not induce, solicit, canvass or approach any person who was at any time during the Course, our client or a model used in connection with the Course, including for the purposes of obtaining the custom of that person in a similar business or activity.
3. You must not at any time, interfere with the relationship between us and our employees, customers, clients or suppliers, or represent that you are in any way connected with us or our business.
Notices
1. When we refer to "in writing" in these Terms, this includes email.
2. Any notice or other communication given by one of us to the other under or regarding the Contract must be in writing and be delivered personally, sent by pre-paid post or email.
3. A notice or other communication is deemed to have been received:
  1. if delivered by hand to the nominated address, when delivered to the nominated address;
  2. if sent by pre-paid post, at 9.00 am (addressee's time) on the third Business Day after the date of posting; or
  3. if sent by email, at the time the email is sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered.
4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
Variation

Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

No waiver
1. Neither of us may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with this Contract unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.
2. Words or conduct referred to in clause 21.1 include any delay in exercising a right, any election between rights and remedies and any conduct that might otherwise give rise to an estoppel.
Assignment and novation
1. We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on our webpage if this happens.
2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
3. A breach of clause 22.2 by you entitles us to terminate this Contract.
Severability
1. If the whole or any part of a provision of this Contract is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.
2. Clause 23.1 does not apply if the severance of a provision of this Contract in accordance with that clause would materially affect or alter the nature or effect of the parties' obligations under this Contract.
Relationship of the parties

The Contract is between you and us. No other person has any rights to enforce any of its terms.

Announcements

No party will make, or permit any person to:

make any public announcement statement, press release or other publicity or marketing materials concerning the existence, subject matter or terms of this Contract, the wider transactions contemplated by it, or the relationship between the parties; or
use the other party's trade marks, service marks, trade names, logos, symbols or brand names, in each case;

without the prior written consent of the other party, such consent not to be unreasonably withheld, conditioned or delayed, except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.

Governing law and jurisdiction

These terms and conditions, their subject matter and their formation, are governed by Australian law and the laws of New South Wales. You and we both agree that the courts in Australia, and where applicable New South Wales, will have exclusive jurisdiction.