These Terms apply to goods and services supplied by Shellharbour Skin and to the use of our website, patient app, patient portal and other digital services.

Please read these Terms carefully.

1. About These Terms

These Terms govern the relationship between you and Shellharbour Skin in connection with our goods and services, including appointments, consultations, treatments, procedures, treatment packages, gift vouchers, skincare and other retail products.

They also set out the conditions applying to your use of the Shellharbour Skin website, patient app, patient portal and other digital services made available by or on behalf of the Clinic.

By booking an appointment, purchasing goods or services, or proceeding with services from Shellharbour Skin, you acknowledge and agree to the Terms applicable to that booking, purchase or service.

Agreement to these Terms does not, by itself, constitute consent to medical treatment or to any collection, use or disclosure of personal or health information for which separate consent is required.

Where required, Shellharbour Skin will obtain separate and appropriate consent for matters including:

• medical, dermal or aesthetic treatment;
• treatment-specific risks and procedures;
• AI-assisted clinical documentation;
• use of identifiable clinical photographs for marketing or other secondary purposes; and
• other collections, uses or disclosures of personal or health information where consent is required by law.

These Terms should be read together with our:

• Privacy Policy;
• Appointment Reservation Policy;
• Returns, Refunds & Consumer Guarantees Policy;
• Gift Voucher, Deposit & Prepaid Treatment Package Policy;
• informed consent documentation;
• treatment-specific consent forms;
• aftercare instructions; and
• any specific terms provided in relation to particular goods, services, packages, gift vouchers or promotions.

Nothing in these Terms excludes, restricts or modifies any right, consumer guarantee, remedy or other protection that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

2. Our Services

Shellharbour Skin provides medical, dermal and aesthetic medicine services delivered by appropriately qualified healthcare practitioners and other appropriately trained team members working within their professional scope.

Services may include medical consultations, skin cancer medicine, minor procedures, prescription treatments, aesthetic medicine consultations and procedures, dermal consultations and treatments, laser and energy-based treatments, skin treatments and skincare advice.

The services appropriate for you will depend on individual clinical assessment.

Some treatments may involve the off-label use of therapeutic goods where clinically appropriate and permitted. Where relevant, this will be discussed as part of the consultation and informed consent process.

Shellharbour Skin does not provide emergency medical care.

If you are experiencing a medical emergency, call 000 or attend your nearest Emergency Department.

3. Consultations and Informed Consent

An appropriate consultation and clinical assessment will be undertaken before treatment where required.

You are responsible for providing information that is accurate and complete to the best of your knowledge, including relevant information about:

• your medical history;
• medications and supplements;
• allergies and sensitivities;
• pregnancy or breastfeeding status where relevant;
• previous procedures and treatments; and
• changes to your health.

Depending on the proposed treatment or service, your clinician may discuss the proposed treatment, material risks, expected benefits, reasonable alternatives, expected recovery, limitations and applicable costs.

You are encouraged to ask questions before deciding whether to proceed.

Consent may be withdrawn before a treatment or procedure commences.

Providing consent does not require a clinician to perform a treatment where the clinician considers the treatment unsafe, inappropriate or outside their professional scope or competence.

4. Services for Children and Young People

Shellharbour Skin may provide healthcare services to children and young people where clinically appropriate.

Consent will be managed having regard to the young person’s age, maturity, capacity to understand the proposed healthcare, the nature and risks of the treatment and applicable legal and professional obligations.

A parent, guardian or authorised representative may be involved in healthcare decisions and may provide information or consent where appropriate.

However, a parent or guardian’s involvement does not automatically determine a young person’s rights concerning consent, confidentiality or access to health information in every circumstance.

Where appropriate, the treating clinician will determine whether a young person has sufficient understanding and capacity to provide informed consent to the proposed healthcare.

Access to, use and disclosure of a young person’s health information will be managed in accordance with applicable privacy law, professional obligations and our Privacy Policy.

5. Clinical Assessment and Treatment Suitability

All treatments and procedures remain subject to individual clinical assessment.

Booking an appointment, paying a consultation fee, paying an Appointment Reservation Fee, purchasing a Gift Voucher or purchasing a Prepaid Treatment Package does not guarantee that a particular treatment or procedure will be performed.

A treating clinician may recommend an alternative approach or modify, defer or decline treatment where reasonably considered necessary for clinical, professional, ethical or safety reasons.

6. Prescriptions and Therapeutic Goods

Prescription medicines and other therapeutic goods are only prescribed, supplied or administered where clinically appropriate and in accordance with applicable professional and legal requirements.

Attending a consultation does not guarantee that a particular medicine or treatment will be prescribed, supplied or administered.

Treatment recommendations may change following clinical assessment.

7. Goods and Retail Products

Shellharbour Skin sells skincare and other retail goods.

Product recommendations may be made based on information available to us and, where relevant, an individual skin assessment.

A recommendation does not guarantee that a product will produce a particular result or remain suitable if your circumstances change.

Products should be used in accordance with their instructions, warnings and any relevant professional advice provided to you.

Returns, refunds and consumer guarantee claims relating to retail products are addressed in our Returns, Refunds & Consumer Guarantees Policy.

Nothing in these Terms excludes or limits any consumer guarantee or other right you have in relation to goods under the Australian Consumer Law.

8. Orders and Sale of Goods

Where goods are available for purchase through Shellharbour Skin, including through our website or Clinic, product availability and prices may change from time to time.

We take reasonable care to ensure product descriptions, availability and pricing information are accurate.

If we identify a genuine pricing, description or availability error before an order is fulfilled, we may contact you to correct the error or cancel the affected order.

If Shellharbour Skin cancels an order after payment has been received, the amount paid for the cancelled goods will be refunded.

Orders are subject to product availability and acceptance by Shellharbour Skin.

Where delivery is offered, applicable delivery charges and available delivery methods will be communicated during the purchasing process.

Any stated delivery timeframe is an estimate unless expressly agreed otherwise.

If goods you receive are incorrect, damaged, faulty or otherwise affected by a potential consumer guarantee issue, please contact Shellharbour Skin.

Our procedures relating to faulty, damaged, unsafe or incorrect products, including our requested notification periods, are set out in our Returns, Refunds & Consumer Guarantees Policy.

Nothing in this section excludes or limits rights available under the Australian Consumer Law.

9. Fees, Prices and Payments

Prices and fees may vary depending on the goods or services being supplied.

Applicable treatment or service fees will be communicated before the relevant service where reasonably practicable.

The applicable price for retail goods will be communicated or displayed at the time of purchase.

Payment is required at the time of purchase or service unless another arrangement has been agreed.

Where a proposed treatment or its cost changes following clinical assessment, this will be discussed with you before the affected treatment proceeds.

Payments may be processed using third-party payment providers. The use of a payment provider does not exclude or limit Shellharbour Skin’s obligations to you under applicable law.

Accepted payment methods may change from time to time.

Gift Vouchers, Deposits, promotional or bonus value and Prepaid Treatment Packages are subject to our Gift Voucher, Deposit & Prepaid Treatment Package Policy.

10. Medicare and Other Rebates

Medicare rebates apply only to eligible medical services that satisfy applicable Medicare requirements.

Cosmetic, aesthetic and dermal services are generally not Medicare rebateable unless otherwise advised.

Eligibility for a Medicare or other third-party rebate is determined by the applicable scheme and cannot be guaranteed by Shellharbour Skin.

11. Appointment Reservations, Cancellations and Confirmation

Selected appointments require an Appointment Reservation Fee, generally ranging from $55 to $200, depending on the appointment or service.

The applicable Reservation Fee and material booking conditions will be communicated before or when the relevant booking is made.

Appointment confirmation, cancellation, rescheduling, non-attendance, late arrival and the treatment of Reservation Fees are governed by our Appointment Reservation Policy.

Patients are generally requested to provide at least 48 hours’ notice when cancelling or rescheduling an appointment.

Where Shellharbour Skin needs to cancel or reschedule an appointment, an applicable Reservation Fee will not be forfeited because of the Clinic’s cancellation and will be managed in accordance with the Appointment Reservation Policy.

Nothing in the Appointment Reservation Policy or these Terms excludes rights available under applicable law.

12. Late Arrival

Please arrive on time for your appointment.

If you arrive late, the treating clinician will determine whether sufficient time remains to safely and appropriately proceed.

Depending on the circumstances, the appointment may need to be shortened, modified or rescheduled.

We will not compromise patient safety, informed consent, clinical standards or the care of other patients to accommodate a late arrival.

Where an appointment cannot proceed because of a significant late arrival, the applicable consequences will be managed in accordance with our Appointment Reservation Policy.

13. Treatment Outcomes

Healthcare and treatment outcomes vary between individuals.

Factors including anatomy, health, medical history, skin condition, lifestyle, biological response and adherence to pre-treatment and aftercare instructions may influence outcomes.

While Shellharbour Skin aims to provide services with appropriate professional care and skill, no particular clinical or aesthetic outcome can be guaranteed.

Additional, staged, review or maintenance treatments may be recommended where clinically appropriate.

A result that differs from an individual’s expectation does not, by itself, establish that a service was improperly provided.

Nothing in this section excludes or restricts any right or remedy available under applicable law.

14. Risks, Complications and Adverse Events

Medical, aesthetic and dermal treatments may involve risks, side effects and potential complications.

Relevant material risks will be discussed as part of the informed consent process where appropriate.

The occurrence of a known risk, side effect, complication or adverse event does not, by itself, establish that a service was improperly provided.

If you experience an unexpected concern following treatment, please contact Shellharbour Skin promptly so an appropriate clinician can assess the circumstances and provide or recommend appropriate follow-up.

Urgent or potentially serious symptoms should be managed in accordance with your treatment-specific aftercare instructions and appropriate urgent medical advice.

For a medical emergency, call 000 or attend an Emergency Department.

Responsibility for costs associated with additional care or treatment will depend on the individual circumstances and applicable law.

15. Patient Responsibilities

To support safe and appropriate care, patients are asked to:

• provide accurate and relevant health information;
• advise us of relevant changes to their health or medications;
• follow reasonable pre-treatment and aftercare instructions;
• attend recommended clinical reviews where appropriate;
• promptly report unexpected or concerning symptoms following treatment;
• ask questions where information or instructions are unclear;
• keep their contact information current; and
• communicate respectfully with our team.

16. Returns, Refunds and Consumer Rights

Shellharbour Skin’s approach to returns, refunds, product concerns, treatment concerns and consumer guarantees is set out in our Returns, Refunds & Consumer Guarantees Policy.

Shellharbour Skin does not ordinarily provide a refund for a service that has already been appropriately provided solely because a patient changes their mind, is dissatisfied with a subjective outcome or their preferences subsequently change.

We do not offer returns, exchanges or refunds for retail products solely because of change of mind, subject always to rights available under applicable law.

Where goods or services do not comply with an applicable consumer guarantee, the consumer may be entitled to a remedy under the Australian Consumer Law depending on the nature and circumstances of the failure.

Nothing in these Terms or our Returns, Refunds & Consumer Guarantees Policy excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded.

17. Gift Vouchers, Deposits and Prepaid Treatment Packages

Gift Vouchers, Promotional and Complimentary Vouchers, promotional or bonus value, Deposits and Prepaid Treatment Packages are governed by our Gift Voucher, Deposit & Prepaid Treatment Package Policy.

Purchased Gift Vouchers may be used towards eligible Shellharbour Skin services and eligible retail products purchased in Clinic, subject to applicable conditions.

Purchased Gift Vouchers cannot currently be redeemed for retail products through the Shellharbour Skin online store.

Purchased Gift Vouchers and Prepaid Treatment Packages may be subject to non-transferability and other material conditions disclosed at or before purchase.

Prepaid Treatment Packages are generally valid for twelve (12) months from the date of purchase, unless another validity period is specified at the time of purchase.

Clinical suitability continues to apply to every healthcare treatment purchased or redeemed through a Gift Voucher or Prepaid Treatment Package.

Promotional or bonus Gift Voucher value may be subject to different redemption and combination conditions from the amount actually paid by the customer.

Nothing in this section excludes or limits rights available under applicable law.

18. Promotions, Offers and Discounts

From time to time, Shellharbour Skin may make promotions, offers or discounts available in relation to eligible goods or services.

A promotion may be subject to specific:

• eligibility requirements;
• purchase periods;
• redemption periods;
• validity periods;
• inclusions;
• exclusions;
• availability limitations;
• promotional pricing conditions; and
• restrictions on combining offers.

Unless expressly stated otherwise, promotions and discounts cannot be combined with another promotion or discount.

Promotional or bonus value provided as part of a Gift Voucher promotion is governed by the relevant promotional conditions and our Gift Voucher, Deposit & Prepaid Treatment Package Policy.

Purchased Gift Voucher value is distinguished from promotional or bonus value and is treated in accordance with that Policy.

Clinical suitability continues to apply to any healthcare service included in a promotion or offer.

Participation in a promotion does not guarantee that a particular treatment will be clinically appropriate or provided.

Nothing in the conditions of a promotion, offer or discount excludes or limits rights available under applicable law.

19. Privacy and Health Information

Shellharbour Skin collects, holds, uses and discloses personal and health information in accordance with applicable privacy legislation and our Privacy Policy.

Our clinical and practice management systems include DappleOS and Xestro.

DappleOS also supports the Shellharbour Skin patient app and patient portal, through which patients may access or manage certain information and services.

Our Privacy Policy provides further information about how personal and health information is collected, held, used, disclosed and protected, including information about third-party service providers, access and correction requests, data security and privacy complaints.

20. AI-Assisted Clinical Documentation

Shellharbour Skin may use approved AI-assisted clinical documentation technology, including Heidi Health, to assist clinicians in preparing clinical documentation.

Where used, consent will be obtained before AI-assisted clinical documentation is used during your consultation.

AI-assisted documentation does not replace the independent clinical judgement, diagnosis or decision-making of your treating clinician.

Documentation generated with AI assistance is reviewed, verified and amended where necessary by the treating clinician before becoming part of your clinical record.

You may decline or withdraw consent to AI-assisted clinical documentation without affecting your ability to receive healthcare from Shellharbour Skin.

Further information is available in our Privacy Policy.

21. Clinical Photography

Clinical photographs may be taken where reasonably necessary or appropriate for clinical documentation, assessment, treatment planning, progress monitoring and continuity of care.

Clinical photographs forming part of your health record are confidential health information and are managed in accordance with applicable privacy law and our Privacy Policy.

Consent for the use of identifiable photographs for advertising, marketing, social media, education or other secondary purposes is separate from clinical photography.

Identifiable clinical photographs will not be used by Shellharbour Skin for marketing or other secondary purposes without appropriate separate consent unless otherwise permitted or required by law.

22. Communications

Shellharbour Skin may communicate with you by telephone, SMS, email, post, patient app, patient portal or another appropriate communication method.

Communications may include:

• appointment confirmations and reminders;
• recalls;
• follow-up information;
• requests to complete forms;
• invoices and payment information;
• administrative information; and
• other communications reasonably connected with your healthcare or our goods and services.

You are responsible for keeping your contact information current.

Marketing communications are managed separately and are subject to applicable privacy, consent and electronic marketing requirements.

Electronic communications involve inherent privacy and security risks. If a matter is sensitive, urgent or unsuitable for electronic communication, another communication method may be appropriate.

Electronic communications must not be relied upon for emergency medical assistance.

23. Patient App, Portal and Account Security

Where you are provided with access to a patient account, app or portal, you are responsible for taking reasonable steps to protect your login credentials and prevent unauthorised access to your account.

You should not knowingly provide another person with access to your account unless appropriately authorised.

Please notify Shellharbour Skin promptly if you believe your account, password or other access credentials have been compromised or used without authority.

We may temporarily restrict access to an account where reasonably necessary to:

• investigate suspected unauthorised access;
• protect personal or health information; or
• maintain the security of our systems.

Closing or ceasing to use a patient account, app or portal does not result in deletion of the underlying clinical record.

Clinical and other records will continue to be retained where required or permitted by applicable law and in accordance with our Privacy Policy.

24. Respectful Behaviour and Safety

Shellharbour Skin is committed to maintaining a safe, respectful and professional environment for patients, visitors and staff.

Aggressive, abusive, threatening, discriminatory, sexually inappropriate, intimidating or otherwise unsafe behaviour will not be accepted.

Depending on the seriousness and circumstances, Shellharbour Skin may take reasonable steps to protect patients and staff, including:

• ending an interaction;
• asking a person to leave the premises;
• contacting security or emergency services where appropriate; or
• reviewing whether non-urgent care can safely and appropriately continue.

Any decision to discontinue an established healthcare relationship will be managed having regard to patient safety, continuity of care and applicable professional and legal obligations.

25. Right to Modify, Defer or Decline Treatment

A clinician may modify, defer or decline treatment where reasonably necessary because:

• treatment is clinically inappropriate or unsafe;
• a contraindication or other clinical concern exists;
• adequate informed consent cannot be obtained;
• the requested treatment is outside the clinician’s professional scope or competence;
• appropriate treatment conditions cannot be met;
• patient or staff safety may be compromised; or
• another legitimate clinical, professional, ethical or legal reason applies.

Nothing in this section affects any right or protection available under applicable law.

26. Complaints and Concerns

We encourage you to contact Shellharbour Skin if you have a concern about goods, services, treatment, fees or your experience so that we have an opportunity to understand and respond to the matter.

Privacy complaints are handled in accordance with our Privacy Policy.

If your concern relates to healthcare or a health service and you are not satisfied with our response, you can contact NSW Health Care Complaints Commission (HCCC) or another appropriate regulatory or complaints body.

Consumer concerns may also be raised with an appropriate consumer protection body where applicable.

Nothing in these Terms limits your right to make a complaint to an appropriate external body or exercise any other right available under applicable law.

Website and Digital Use

27. Website Information

Information published on the Shellharbour Skin website, patient app, social media channels or other educational materials is provided for general information and educational purposes.

It is not intended to replace an individual medical consultation, examination, diagnosis or personalised treatment advice.

Information about a condition, product, procedure or treatment does not mean that it is appropriate for you.

Individual recommendations are made following appropriate assessment where required.

28. Website Availability and Accuracy

We take reasonable steps to maintain our website and keep information current.

However, content, functionality and availability may change from time to time.

We do not guarantee that the website or every digital feature will always be available, uninterrupted or free from technical errors.

We may modify, suspend or discontinue website functionality where reasonably necessary.

Nothing in this section excludes any right or obligation that cannot lawfully be excluded.

29. Intellectual Property

Unless otherwise stated, content created and published by Shellharbour Skin through our website and digital services, including our text, graphics, branding, photographs, videos and other materials, is owned by or licensed to Shellharbour Skin and is protected by applicable intellectual property laws.

You may view, download or print reasonable extracts for your personal, non-commercial use.

You must not reproduce, modify, republish, distribute, commercially exploit or otherwise use our content without permission where doing so would infringe our intellectual property rights or the rights of another person.

Nothing in these Terms restricts a use permitted by law.

30. Acceptable Use

You must not knowingly:

• use our website, patient app, portal or other digital services for an unlawful purpose;
• attempt to gain unauthorised access to another person’s account, patient information or our systems;
• interfere with the security or operation of our systems;
• introduce malicious software, viruses or harmful code;
• circumvent or attempt to circumvent security controls;
• impersonate another person;
• scrape, harvest or systematically extract information without permission where not otherwise permitted by law; or
• use our digital services in a manner that infringes another person’s rights.

We may restrict access where reasonably necessary to protect patients, staff, information or systems.

31. Third-Party Websites and Services

Our website, patient app, portal or communications may contain links to or integrate with services provided by third parties.

Third-party websites and services operate independently and may have their own terms, privacy practices and security arrangements.

A link to another website does not necessarily constitute endorsement of all information, products or services available through that website.

32. Website and Digital Security

Shellharbour Skin takes reasonable steps to maintain the security of our website and digital services.

However, no internet service or electronic transmission can be guaranteed to be completely secure or free from technical faults or cybersecurity risks.

You are responsible for taking reasonable precautions when using online services, including protecting your devices, passwords and account credentials.

33. Consumer Rights and Limitation of Liability

Nothing in these Terms excludes, restricts or modifies:

• a consumer guarantee under the Australian Consumer Law;
• a statutory right or remedy;
• a professional obligation; or
• any liability that cannot lawfully be excluded, restricted or modified.

To the extent permitted by law, Shellharbour Skin is not responsible for loss or damage arising solely from circumstances outside our reasonable control or from a person’s unlawful or improper use of our website or digital services.

Any limitation contained in these Terms applies only to the extent permitted by law.

34. Changes to These Terms

Shellharbour Skin may update these Terms from time to time where reasonably necessary to reflect changes to our goods, services, policies, technology, operational requirements or legal and regulatory requirements.

The current version and date of update will be published on our website.

Changes apply prospectively and will not remove rights that have already accrued under applicable law.

Where a material change affects an existing Gift Voucher, Deposit, Prepaid Treatment Package, prepaid service or other ongoing arrangement, the arrangement will be managed having regard to the conditions applying when it was purchased or entered into and applicable law.

35. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down to the extent necessary where possible.

If it cannot be read down, it will be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

36. Governing Law

These Terms are governed by the laws applicable in New South Wales, Australia.

Nothing in this section limits any right a consumer may have under applicable Commonwealth legislation or any law that cannot lawfully be excluded.

37. Contact Us

If you have questions about these Terms, our goods or services, your appointment or your experience, please contact:

Shellharbour Skin
Phone: (02) 4249 2860
Email: [email protected]

Privacy enquiries and complaints are managed in accordance with our Privacy Policy.

Acknowledgement

By booking an appointment, purchasing goods or services, or proceeding with services from Shellharbour Skin, you acknowledge and agree to the Terms applicable to that booking, purchase or service.

Use of our website, patient app or patient portal is also subject to the website and digital-use provisions of these Terms.

Agreement to these Terms does not replace informed consent for healthcare or any separate consent required for the collection, use or disclosure of personal or health information.

Clinical and other specific consents will be obtained separately where required.

Nothing in these Terms excludes, restricts or modifies any right, consumer guarantee or remedy that cannot lawfully be excluded under applicable law.