TERMS & CONDITIONS - RECURRING MEMBERSHIPS
Last Updated 1st November 2020
As part of being a member, there are some specific terms and conditions that we ask you to acknowledge that you’ve read and understood each of these. These specific terms and conditions form part of our general terms and conditions of membership. For your records, these conditions are:
Initial Commitment Period
Your Initial Commitment Period is 1 cycle, depending on your type of membership (e.g. weekly or monthly) from your first billing date. It will then automatically renew for a further cycle unless terminated.
Managing Your Membership
You can manage your membership by calling the Clinic, or by logging onto your account on our website and clicking MANAGE MEMBERSHIP tab under your account. Here, you can update your details, upgrade memberships and change your credit card details.
Termination / Cancellation Process
To cancel your membership, please let us know in the clinic at least 3 days before your next direct debit date (ie close of business on Monday 10th if your membership is next due to charge on Thursday the 14th). If you cancel your membership during an existing cycle, you’re still free to use your unused services and member perks for the remainder of that period.
Freeze / Pause Process
To pause or freeze your membership, please let us know in the clinic at least 3 days before your next direct debit date (ie close of business on Monday 10th if your membership is next due to charge on Thursday the 14th). You can freeze your membership from direct debit date to direct debit date for a minimum 1 cycle and maximum of 3 months (12 weeks).
Cooling Off Period
If you change your mind within 7 days of joining, and haven’t used any of the services or perks available with your membership, we'll refund any payments made. If you’ve taken advantage of any perks (member pricing, discounts, etc.) we may deduct the value of any of those benefits. If you’ve used any services / treatments from your package, we can cancel your membership from the next cycle only.
You may use other Face Mediskin clinics in accordance with our Reciprocal Rights Policy. You must use your Home Clinic more than your Away Clinic. Where a member is using their Away Clinic more than their Home Clinic, we’ll ask the member to transfer to that other Clinic. A transfer fee may apply.
Your Personal Data
Included Treatment Redemptions & No-Shows
Some of our memberships are entitled to a number of redemptions per month, or unlimited access to our LED Light Lounge. Treatments not used within that period are forfeited and can not carry over to following periods. Failure to attend a booked redemption appointment will forfeit that redemption credit for the period unless you follow the Reschedule & Cancellation Policy, and reschedule within the current period.
Treatment Bookings, Reschedules, Cancellations & No-Show Policy
Our standard booking and cancellation policy applies to members and guests. Should you not provide at least 24 hours notice to reschedule or cancel a treatment booking, you may be charged a $75 service fee. Should you no-show to your treatment, a $75 service fee will apply to your next booking. Failure to attend a booked redemption appointment or cancellation within the 24hr window will result in forfeiting of that redemption credit for the period.
GENERAL TERMS & CONDITIONS - RECURRING MEMBERSHIPS
YOUR MEMBERSHIP AGREEMENT HAS A MINIMUM INITIAL COMMITMENT OF ONLY 1 PERIOD OR CYCLE, DEPENDING WHICH TYPE OF MEMBERSHIP YOU HAVE SIGNED UP FOR (E.G. WEEKLY = 1 WEEK OR MONTHLY = 1 MONTH) FROM THE START OF THE FIRST BILLING DATE AND IT AUTOMATICALLY RENEWS EACH SUBSEQUENT PERIOD UNLESS TERMINATED UNDER SECTIONS 4.1 OR 8.
1. THE AGREEMENT BETWEEN YOU AND US
1.1 Your membership
These Terms, together with the Clinic Rules and the following:
make up all of the terms of a Membership Agreement (“Agreement”) between, the member (“you”), and Face Medigroup Retail Pty Ltd (ABN 83 629 281 929 (“us”)). It is important that you have read and understood all of the terms and conditions of the Agreement before committing to these Terms. If you have any questions please ask us before agreeing to these terms.
2. YOUR TYPE OF MEMBERSHIP, YOUR HOME CLINIC AND OTHER CLINICS
You are becoming a member of Face Mediskin under the type of membership (“Membership Type”) and at the clinic (“Home Clinic”) selected in your Membership Application. Your membership entitles you to use the facilities available at your Home Clinic. “Clinic” means any Face Mediskin Clinic in operation by us or any other member of Face Medigroup from time to time. Subject to our Reciprocal Rights Policy (available on our website or by asking the host at your Home Clinic), you may also use the facilities of any other Clinic in Australia. We reserve the right to cancel or suspend your reciprocal rights in the event that you fail to comply with our Reciprocal Rights Policy. This benefit is not available to some membership types.
3. WHEN WILL YOUR MEMBERSHIP START?
Your membership will start on the Membership Start Date (“Membership Start Date”) which you sign up for, provided that:
(a) you have agreed to these Terms, your Membership Application Form and your Payment Authority Form; and
(b) we have received your Total Upfront Payment as set out in your Application Form.
4. HOW LONG WILL YOUR MEMBERSHIP LAST?
4.1 Commitment Periods
You are committed to a minimum initial period from the membership start date (“Initial Commitment Period”):
On completion of your Initial Commitment Period on the end date set out in your Membership Application Form, your membership will automatically renew for a further period (“Ongoing Commitment Periods”) unless your membership is terminated in accordance with section 8 or you provide us with notice that you wish for your membership to end on the expiry of the Initial Commitment Period which we must receive at least 3 days prior to the end of your Initial Commitment Period. Each Ongoing Commitment Period will begin on the first day after your previous Ongoing Commitment Period ends.
4.2 Can you suspend or “freeze” your membership?
If you wish to suspend or “freeze” your membership you may manage your account online or notify us of your request by contacting your Home Clinic. You may also have to pay the non-refundable Freeze Fee set out in your Home Clinic price list, current at the time you freeze your membership. Your Home Clinic
Host will be able to confirm to you the periods of freeze available during your membership. During your Initial Commitment Period your membership may be frozen for up to 3 months or 12 weeks depending on your membership type and only in blocks of one whole billing period (i.e. a minimum of 1 week to a maximum of 3 months) but cannot be frozen for only a part of any billing period (the “Freeze Period”). You can notify us at any time that you would like to freeze your membership but your Home Clinic must receive your notice at least 3 days before your next direct debit date (ie close of business on Monday 10th if your membership is next due to charge on Thursday the 14th). You will not be able to use any membership services or perks while your membership is frozen.
4.3 What happens if you change your mind?
You may notify the Host at your Home Clinic If you change your mind and wish to cancel your membership within 7 days starting on the date that you sign these Terms (“Cooling Off Period”). If you do so, we will refund your Membership Fees which you have paid to us after you return any documentation and gifts which we have provided to you upon joining. If you’ve taken advantage of any perks (member pricing, discounts, etc.) we may deduct the value of any of those benefits. If you’ve used any services / treatments from your membership, we can cancel your membership from the next cycle only.
5. MEMBERSHIP DUES AND FEES
5.1 Activation Fee
There are no Activation Fees on our standard memberships. From time to time we may offer promotional membership types which do incur an Activation Fee; Other than as stated in section 4.3 there may be an Activation Fee stated in your Membership Application Form which is non-refundable and is payable by you when you sign these Terms. If your membership is terminated for any reason and you subsequently wish to rejoin any Clinic you will need to pay the Activation Fee and Membership Fees applicable to that Clinic at that time.
5.2 Membership Dues
As a Face Mediskin member you are personally responsible for payment to us of the Membership Dues and any other ongoing payments set out in your Membership Application Form as they fall due. Your Membership Dues are payable for the whole of your Initial Commitment Period at the total cost agreed upon signing up as set out in your Member Application Form. Your Membership Dues are due for the whole of each billing period even if your membership is terminated during that period (unless you have terminated under section 8.2(b)).
Membership Dues vary depending on your type of membership and may also vary from Clinic to Clinic. You must pay the Membership Dues applicable to your Home Clinic and your Membership Type at the relevant time. You may only pay your Membership Dues in advance by recurring periodic credit card authority under your Payment Authority Form. No other form of payment will be accepted. You will not be allowed to access your Membership or related perks if your membership Dues remain outstanding. We will collect any outstanding amounts and any charges we incur from late payment through your Payment Authority Form. If you have a genuine dispute in relation to the collection of outstanding amounts or the charges we incur, please contact us at email@example.com to discuss.
5.3 Changes to Membership Dues
Your Membership Dues are fixed for the Initial Commitment Period unless you change your Home Clinic during the Initial Commitment Period upon which the Membership Dues applicable at your new
Home Clinic at the date of your Home Clinic transfer will apply for the remainder of your Initial Commitment Period. You may also be required to pay the relevant Transfer Fee set out in your Home Clinic price list. Upon the expiry of the Initial Commitment Period your Membership Dues will be updated to the Membership Dues then applicable at your Home Clinic at that time. This may result in an increase to your Membership Dues after the Initial Commitment Period. We will give you at least 14 days’
notice of any change and the date from which the change will apply by emailing you at the email address you have provided to us on signing up. After the Initial Commitment Period, if you do not wish to accept an increase in your Membership Dues you may terminate your membership in accordance with section 8.1. If you do not terminate your membership you will be required to pay any revised Membership Dues from the date from which the change becomes effective and your periodic payments will be amended accordingly. All Membership Dues include goods and services tax (GST). We reserve the right to change your Membership Dues in line with any government GST rate changes, even if you are in your Initial Commitment Period.
5.4 Other membership fees and charges
Any fees or charges that may be payable for additional services and facilities, such as Freeze Fees, Guest Fees, Transfer Fees etc. will be set out in the relevant Home Clinic price list (as may be amended by us from time to time) available from the Host of your Home Clinic.
6. CAN YOU TRANSFER YOUR MEMBERSHIP TO ANOTHER PERSON?
No, you may not transfer your membership to another person. Your membership is personal to you.
7. MEMBERSHIP TYPE
Membership types vary from Clinic to Clinic.
7.1 Can you change your Membership Type or Home Clinic?
Yes, you may change your membership to another Membership Type as long as you qualify for the new Membership Type and you serve any remaining period of your Initial Commitment Period under that new Membership Type. You can also change your Home Clinic to another Australian Clinic in accordance with our Reciprocal Rights Policy.
You may upgrade or change your Membership Type online through your membership portal, or by contacting the Host at your Home Clinic and may be required to pay the relevant Transfer Fee and Membership Dues applicable to the new Membership Type and/or Home Clinic as current at the time of your request. Certain Membership Types may not be available at every Clinic.
Your Home Clinic must receive notice of any change to your Membership Type or Home Clinic at least 3 days before your next direct debit date (ie close of business on Monday 10th if your membership is next due to charge on Thursday the 14th) from which you want the change to be effective.
Teen membership rates are only available to teenagers (up to 19yrs). At your 20th birthday, you must notify us immediately and we reserve the right to update your Membership Dues, even if you are in your Initial Commitment Period.
Certain membership types may have restricted access times, refer to the price list at your Home Clinic to see which of these apply.
We may need to adjust the availability of certain facilities at your Home Clinic on a temporary basis including for the purposes of cleaning, improvement work, repairs, upgrades, maintenance, special functions and holidays. If your Home Clinic is not available for more than seven days in a row, you can ask us for a credit against your Membership Dues for the period that your Home Clinic is not available provided you do not use any other Clinic during that period.
8. HOW CAN YOUR MEMBERSHIP BE TERMINATED?
8.1 Termination by you after the Initial Commitment Period
After the Initial Commitment Period you may give us notice to terminate your membership by contacting the Host at your Home Clinic which we must receive at least 3 days before your next direct debit date (ie close of business on Monday 10th if your membership is next due to charge on Thursday the 14th) prior to the date of the period that you wish to stop the renewal of your membership for Ongoing Commitment Periods.
8.2 Reasons for ending your membership early
(a) If you wish to terminate your membership prior to the completion of your Initial Commitment Period you may do so by contacting the Host at your Home Clinic. If you cancel your membership during an existing cycle, you’re still free to use your unused services and member perks for the remainder of that period.
(b) You may terminate your membership immediately by contacting the Host at your Home Clinic within 14 days of any of the following occurring:
i) We increase your Membership Dues other than in accordance with section 5.3.
ii) We change the physical location of your Home Clinic.
iii) We close the whole of your Home Clinic for any reason for a period of 14 days in a row or longer.
iv) We make changes to these Terms that significantly reduces the benefits of your membership.
v) We breach any terms of this Agreement and fail to rectify that breach within 14 days of you giving us notice to do so.
8.3 Termination by us
We may terminate your membership immediately by emailing the contact address we have on our records:
If we terminate your membership for any of these reasons we may (without limiting any other right or remedy) recover any other reasonable costs and expenses we incur as a result of your breach and to collect the full amount of Membership Dues for the remainder of the then current period, any arrears and any applicable Early Termination Fee.
(e) If we close your Home Clinic, we will attempt to provide you with the option to transfer to another Clinic at the prevailing Membership Dues applicable at that Clinic at the time of your transfer. We will not charge you a Transfer Fee. If you do not wish to accept the transfer to another Clinic, your membership will end on the date that your Home Clinic is closed.
8.4 Collection of fees
We will collect any Membership Dues and fees (including any applicable Early Termination Fee) that are outstanding when your membership is terminated. We may use a third party to assist in the collection of outstanding fees.
9. WHAT ARE THE CLINIC RULES?
The Clinic Rules govern your use of a Clinic. In becoming a member you agree to comply with the Clinic Rules which are binding rules that apply to all members, guests and visitors. You are also responsible for the conduct of your guests and visitors while they are visiting the Clinic. Up-to-date Clinic Rules will be published on our website.
10. CHANGES TO THESE TERMS OR THE CLINIC RULES
We reserve the right to make reasonable amendments to these Terms or the Clinic Rules at any time. We will give you at least 14 days’ notice by emailing you to tell you that changes are being made and that you may see the amended Terms or Clinic Rules at our website or at the Clinic.
If any amendment to these Terms or the Clinic Rules significantly reduces the benefits of your membership you have the right to terminate your membership under section 8.2(b).
11. HOW YOU SHOULD CONTACT US?
Any written notice or completed form provided to your Home Clinic must be sent by email, or given in person to your Clinic Host; with exception of a termination by you (see section 8). Full contact details are available at your Home Clinic’s reception. Only notices delivered to us in one of these ways will be considered valid notice
12. RISK AND YOUR HEALTH
Exercising and using Club facilities may involve the risk of injury and you exercise and use the Club facilities at your own risk. Please monitor your physical condition at all times and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur immediately stop what you are doing and notify a staff member.
13.1 Liability for supply of other services
Without limitation to any other terms which are implied into this Agreement; or by statute in relation to the supply of services which cannot be excluded or limited, we will ensure that the services that we provide to you are provided with due care and skill, are fit for the purpose for which they are commonly bought as is reasonable to expect in the circumstances, will correspond in the nature and quality with the services demonstrated to you, and are free from any defect rendering them unfit for the purposes for which our services are commonly acquired.
To the extent permitted by law, we will not be liable for any death, injury, loss, liability or damage that you may incur as a result of the services provided by us to you.
14. OTHER BITS
You must keep us up to date with your contact details by updating your personal information on your member portal, or contacting the Host at your Home Clinic. In the event that we do not receive contact from you and your contact details change, notice given by us to the email or other address we have on our records for you will constitute valid notice to you under these Terms.
We may transfer our rights and obligations (or both) under this Agreement, or subcontract our obligations under it, to another organisation without giving you notice and you will continue as a member. If the other organisation fails to provide the same (or equivalent) facilities and services we provided, you may end your membership upon contacting the Host at your Home Clinic. All undefined terms used in this document have the meaning set out in the Membership Application Form.
If we fail to enforce any of our rights at any time, for any period and for whatever reason, this will not take away those rights. Also if we fail to notice or act if you break any of the terms of this Agreement, this does not mean that your behaviour is acceptable. If a Court decides that a term of this Agreement is not valid or cannot be enforced, that term will not apply but this will not affect the rest of the Agreement. This Agreement is subject to the laws of the State where your Home Clinic is located.
15. YOUR PERSONAL INFORMATION
With your consent, we may also collect personal information which relates to your physical health or condition, including (without limitation) when you complete our Skin Health & Wellness Questionnaire,
By accepting membership with us, you agree to be bound by this Agreement and you consent to the terms and conditions within it. Do not accept membership until you have read these Terms and the other documents listed in section 1. If there is anything you do not understand, please ask us for an explanation before you agree.
The Agreement between you and us will come into force when you accept your membership.