PCM provides cosmetic medicine treatments to patients in Australia. PCM does not own or operate the clinics at which treatments are provided; rather, treatments are delivered from third party clinic premises located primarily in New South Wales, with additional locations in the Australian Capital Territory. References in these Terms to “our clinics” or “PCM clinics” are to those third party premises from which PCM offers its services. The Website is intended for use by patients and prospective patients located in Australia, and we do not represent that the Website or any services described on it are appropriate or available for use outside Australia.
PCM does not provide services to persons under the age of 18. The Website and the booking form are not directed at, and must not be used by, anyone under 18.
You may use the Website and submit a booking only if you are at least 18 years of age and capable of forming a binding contract under Australian law. PCM does not provide services to minors, and you must not submit a booking on behalf of a person under 18. If you make a booking on behalf of another adult, you warrant that you have that person’s authority to provide their personal and health information to PCM and to make the booking on their behalf.
You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any third party. You must not interfere with the security of, or otherwise abuse, the Website or any system resources, services or networks connected to or accessible through the Website.
The content on the Website is provided for general information only and is not intended to be, and should not be relied on as, medical advice. The Website does not replace consultation with a qualified medical practitioner. If you have, or think you may have, a medical condition, you should consult a registered medical practitioner. If you believe you are experiencing a medical emergency, call 000 immediately or attend your nearest hospital emergency department. No doctor–patient relationship is created by your use of the Website or by submitting a booking enquiry; such a relationship arises only when you are accepted as a patient and seen by a treating practitioner at the relevant clinic.
The Website allows you to request an appointment for a cosmetic medicine treatment at one of the third party clinics from which PCM offers its services, by completing the online booking form and submitting personal details, including contact details and information relevant to the appointment you are requesting. You confirm, by submitting the booking form, that you are at least 18 years of age. By submitting the booking form, you:
represent and warrant that the information you provide is true, accurate, current and complete, and you agree to update those details if they change; acknowledge that submission of the booking form is a request for an appointment only and does not constitute a confirmed booking until PCM (or the relevant clinic) confirms the appointment with you; and acknowledge that appointments are subject to availability at the relevant third party clinic and that PCM may decline, reschedule or cancel any appointment in its discretion, including where it considers that the requested treatment is not clinically appropriate or cannot be safely provided, or where the patient is, or is reasonably suspected to be, under 18 years of age.
You agree to give PCM reasonable notice if you need to cancel or reschedule an appointment, in accordance with the cancellation policy notified to you at the time of booking or otherwise published on the Website.
PCM collects, holds, uses and discloses personal information (including health information) submitted through the booking form in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and the Health Records and Information Privacy Act 2002 (NSW) and Health Records Act 1997 (ACT) where applicable. Our collection and handling of your information is described in our Privacy Policy, which is available on the Website and forms part of these Terms. By submitting information through the booking form, you consent to the collection, use and disclosure of that information in accordance with the Privacy Policy.
All content on the Website, including text, graphics, logos, images, layout and software, is owned by or licensed to PCM and is protected by Australian and international intellectual property laws. You may view, download and print content from the Website for your personal, non-commercial use only. You must not otherwise reproduce, modify, distribute, publish, transmit or commercially exploit any content from the Website without our prior written consent.
“PCM” and any associated logos are trade marks of PCM. You may not use these marks without our prior written consent.
The Website may contain links to third party websites or resources. Those links are provided for convenience only and do not constitute an endorsement by PCM of the linked content. PCM is not responsible for the availability, content, accuracy or practices of any third party websites, and your use of any third party website is at your own risk and subject to that third party’s terms and policies.
To the maximum extent permitted by law, the Website is provided on an “as is” and “as available” basis, and PCM makes no representations or warranties of any kind in relation to the Website, including as to its accuracy, completeness, currency, reliability, suitability for any purpose, security or freedom from viruses or other harmful components.
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth), Schedule 2) or any other law that cannot lawfully be excluded, restricted or modified. Where PCM is permitted to do so, our liability for breach of any non-excludable consumer guarantee in respect of services is limited, at our option, to the supply of the services again or the payment of the cost of having the services supplied again.
Subject to the preceding paragraph, to the maximum extent permitted by law, PCM excludes all liability (whether in contract, tort (including negligence), under statute or otherwise) for any loss or damage (including indirect, special or consequential loss, loss of profits, loss of data or loss of opportunity) arising out of or in connection with your use of, or inability to use, the Website or any reliance on its content.
You agree to indemnify and keep indemnified PCM, its officers, employees, contractors and agents from and against any loss, damage, cost or expense (including reasonable legal costs) suffered or incurred as a result of your breach of these Terms, your misuse of the Website, or your provision of false, misleading or unauthorised information through the booking form.
PCM may, at any time and without notice, suspend, modify, discontinue or restrict access to the Website (or any part of it), and may decline to provide services to any person, in its sole discretion. PCM is not liable to you or any third party for any such suspension, modification, discontinuance or restriction.
PCM may amend these Terms from time to time by posting an updated version on the Website. The updated Terms take effect from the date they are posted. Your continued use of the Website after any such update constitutes your acceptance of the amended Terms. We encourage you to review these Terms periodically.
These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from those courts in respect of any dispute arising out of or in connection with these Terms or your use of the Website.
If you have any questions about these Terms or the Website, please contact PCM via the contact details set out on the Website.
