These Terms and Conditions of Use (“Terms”) govern your access to and use of the website operated by Perpetua Cosmetic Medicine (“PCM,” “we,” “us,” or “our”), a trading name of PCI Company Pty Ltd (“the Company”). By accessing, browsing, or using this website (the “Website”), you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, you must not access or use this Website. We reserve the right to modify, amend, or update these Terms at any time without prior notice. Your continued use of the Website following any such modifications constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to remain informed of any changes.
These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and the Company. The Company is registered in New South Wales, Australia, and provides cosmetic medicine services through its PCM trading name.
You must be at least eighteen (18) years of age to use this Website or to book any services offered by PCM. By using this Website, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement.
The services described on this Website are intended for residents of Australia. We make no representation that the content or services described on this Website are appropriate or available for use in other jurisdictions. If you access this Website from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Certain features of the Website may require you to register an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account.
You may use this Website solely for lawful purposes and in accordance with these Terms. The Website is provided for informational purposes and to facilitate the booking of cosmetic medicine services offered by PCM.
You agree not to:
We reserve the right, without obligation, to monitor your use of the Website to determine compliance with these Terms. We may, in our sole discretion, refuse, restrict, or terminate your access to all or any part of the Website at any time, with or without cause, and with or without notice.
You are solely responsible for ensuring that all information you provide through the Website, including but not limited to personal details, medical history, and contact information, is accurate, complete, and current. Inaccurate or incomplete information may affect the safety and efficacy of any services you receive from PCM.
Prior to receiving any cosmetic medicine services, you are required to disclose all relevant medical information, including but not limited to current medications, allergies, pre-existing medical conditions, previous cosmetic procedures, and any other information that may be relevant to the safe provision of services. Failure to provide accurate and complete medical information may result in adverse outcomes for which PCM accepts no responsibility.
You agree to comply with all pre-treatment and post-treatment instructions provided by PCM practitioners. Failure to follow such instructions may affect the outcome of your treatment and may result in complications for which PCM accepts no responsibility.
You agree to comply with all applicable laws and regulations in connection with your use of the Website and any services obtained through the Website.
The Website and its entire contents, features, and functionality, including but not limited to all text, graphics, logos, images, photographs, audio and video clips, data compilations, software, and the design, selection, and arrangement thereof (collectively, the “Content”), are owned by the Company, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The PCM name, the Perpetua Cosmetic Medicine name, the Company’s logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and the Content solely for your personal, non-commercial use. This licence does not include the right to: (a) modify or copy the Content; (b) use the Content for any commercial purpose or for any public display; (c) remove any copyright, trademark, or other proprietary notices from the Content; or (d) transfer the Content to another person or “mirror” the Content on any other server.
All rights not expressly granted in these Terms are reserved by the Company and its licensors. Any unauthorised use of the Content may violate copyright, trademark, and other laws.
The content of this Website is provided for general informational purposes only. Nothing on this Website constitutes professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified medical practitioner regarding any medical condition or proposed treatment, including any questions you may have regarding a medical condition or proposed cosmetic procedure.
Results of cosmetic medicine treatments vary from person to person. Any before and after photographs or descriptions of outcomes on this Website are illustrative only and do not guarantee that you will achieve the same or similar results. Individual results will depend on a range of factors, including your individual physiology, age, skin condition, and other circumstances.
PCM complies with applicable advertising guidelines for cosmetic procedures, including those under the Health Practitioner Regulation National Law (NSW) and guidelines issued by the Australian Health Practitioner Regulation Agency (AHPRA). Nothing in our advertising is intended to make unreasonable or misleading representations about the outcomes of any treatment.
To the maximum extent permitted by applicable law, the Company, its directors, officers, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from your access to or use of (or inability to access or use) the Website.
While we take reasonable care to ensure that the information on the Website is accurate and up to date, we make no representations or warranties of any kind, express or implied, as to the completeness, accuracy, reliability, suitability, or availability of the Website or the information, products, services, or related graphics contained on the Website for any purpose.
PCM does not warrant that the Website will be available at all times or free from errors or interruptions. We reserve the right to modify, suspend, or discontinue the Website, or any part of it, at any time without notice.
PCM operates from third-party clinic locations in New South Wales. The clinics from which PCM operates are independently owned and operated. PCM is not the owner or operator of those clinic premises and accepts no liability in respect of the premises themselves.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement. If the Australian Consumer Law applies to you as a consumer, and we supply goods or services to you that are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, our liability to you is limited, to the extent permitted by law, at our option, to: (a) in the case of goods, the replacement or repair of the goods or the payment of the cost of having the goods replaced or repaired; or (b) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
To the extent permitted by law, the Company’s total liability to you for all claims arising out of or relating to these Terms or your use of the Website shall not exceed the greater of: (a) one hundred Australian dollars (AUD $100); or (b) the amount you have paid to PCM in the twelve (12) months preceding the event giving rise to the claim.
Appointments for cosmetic medicine services may be booked through the Website, by telephone, or in person. By booking an appointment, you agree to these Terms and to our appointment policies as communicated to you at the time of booking. Submitting a booking request does not guarantee an appointment until confirmed by PCM.
All new clients must undergo an initial consultation with a PCM practitioner prior to receiving cosmetic medicine treatment. During this consultation, your medical history will be reviewed, the proposed treatment will be explained, and you will have the opportunity to ask questions. Treatment will only proceed following this consultation and your provision of informed consent.
Prior to any cosmetic medicine procedure, you will be required to provide written informed consent. This consent will confirm that you have been informed of the nature of the procedure, the expected benefits, the potential risks and complications, alternative treatments, and post-treatment care requirements. You acknowledge that cosmetic medicine procedures carry inherent risks, including but not limited to bruising, swelling, infection, allergic reaction, asymmetry, and other adverse outcomes.
We require a minimum of twenty-four (24) hours’ notice for cancellation or rescheduling of appointments. Failure to provide adequate notice may result in the imposition of a cancellation fee, the amount of which will be communicated to you at the time of booking. We reserve the right to cancel or reschedule appointments due to unforeseen circumstances, in which case we will provide you with as much notice as reasonably practicable.
The Website is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, the Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Company does not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You assume all risk in connection with your use of the Website.
This Website may contain links to third-party websites or resources that are not owned or controlled by PCM. These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or resources. You acknowledge and agree that PCM is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resources.
Any third-party content, including but not limited to advertisements, promotions, or sponsored content, that may appear on the Website does not constitute an endorsement, guarantee, or recommendation by PCM. You should exercise your own judgement and conduct your own enquiries before relying on any such content.
You agree to defend, indemnify, and hold harmless the Company, its directors, officers, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with:
This indemnification obligation will survive the termination of these Terms and your use of the Website.
You may terminate your use of the Website at any time by ceasing to access the Website. If you have registered an account, you may request that we close your account by contacting us at hello@perpetua.com.au.
We may terminate or suspend your access to the Website, in whole or in part, at any time and for any reason, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, breach of these Terms, conduct that we determine to be harmful to other users or to PCM, or for any other reason in our sole discretion.
Upon termination of your access to the Website: (a) all rights and licences granted to you under these Terms will immediately cease; (b) you must immediately cease all use of the Website; and (c) any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and governing law.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Subject to clause 13.3, you agree that the courts of New South Wales, Australia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims). You irrevocably submit to the jurisdiction of those courts.
Before commencing any legal proceedings, the parties agree to attempt to resolve any dispute arising out of or in connection with these Terms through good faith negotiation. Either party may initiate the dispute resolution process by providing written notice to the other party describing the nature of the dispute. The parties shall then attempt to resolve the dispute through direct negotiation within thirty (30) days of such notice. If the dispute is not resolved within that period, either party may commence legal proceedings in accordance with clause 13.2.
These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and the Company with respect to your use of the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company with respect to the Website.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without the prior written consent of the Company. The Company may assign or transfer these Terms, or any of its rights or obligations hereunder, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause that is beyond the reasonable control of the Company, including but not limited to acts of God, pandemic, epidemic, war, terrorism, civil unrest, government action, industrial disputes, failure of third-party services, or technical failures.
Nothing in these Terms shall be construed to create a joint venture, partnership, agency, or employment relationship between you and the Company. Neither party has the authority to bind the other or to incur any obligation on behalf of the other.
All notices, requests, demands, and other communications under these Terms shall be in writing and shall be deemed to have been duly given when delivered personally, sent by email (with confirmation of receipt), or sent by registered post to the addresses set forth below, or to such other address as either party may designate by notice to the other party.
If you have any questions, comments, or concerns about these Terms or the Website, please contact us at:
Perpetua Cosmetic Medicine
A trading name of PCI Company Pty Ltd
Sydney, Australia
Email: hello@perpetua.com.au
By using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use.
