By clicking that you understand and agree to these Membership Terms, you are agreeing to be bound by these Membership Terms; if you do not agree, you cannot purchase a Membership. We may change these terms and conditions at any time, and by continuing to use or access our website and services, you are accepting those changes.
ADDITIONAL MEMBERSHIP TERMS
These Additional Membership Terms (“Terms”) apply to all members, or all potential members of Aesthetic MET [ABN 38580112265] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any member of ours.
MEMBERSHIP SERVICES WE WILL PROVIDE
When you purchase a membership you gain access to our membership portal where you can find various educational materials, including protocols, guidelines, adverse event management education, anatomy education and off label medical treatments guidelines. Your membership also entitles you to phone support and email support services (together the “Membership Services”).
Things you must do before becoming a Member
You represent and warrant that you are currently legally allowed to perform aesthetic medical treatments in Australia.
- provide your medical no. registration details and AHPRA details;
- provide your professional indemnity insurance details;
- provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information;
- ensure you have adequate technology set up; email, phone and internet access to make use of your Membership.
Acknowledgements you make when purchasing on our website
You acknowledge and agree that:
- you must maintain your medical registration with AHPRA and your professional indemnity insurance for the duration of your Membership;
- you must notify us immediately if you are deregistered or if any restrictions are made on your ability to practice;
- you will only practice aesthetic medical treatments within your scope of practice;
- you must provide us with open, honest information in order for us to assist you when we can with our phone and email support lines;
- we cannot take into account a particular patient of yours when providing our Materials. The Materials are general in nature;
- the Membership is at your sole risk, and you are responsible at all times for your patient’s safety and wellbeing. Although we offer emergency phone and email support, we are not an emergency service, and are not emergency doctors or crisis counsellors, and we are not readily available in person for these situations. If your patient is experiencing an emergency you must contact the nearest emergency department or 000.
- you must consider whether or not the information is appropriate to the needs of your patients. The Materials we provide are not a substitute for independent professional advice and any reliance on this information is at your sole risk. You must not use our information as your only source of information, but also read use other literature and exercise your own medical or nursing judgement. You are always responsible for your own diagnosis, assessment or treatment. We do not perform any diagnosis, assessment or treatment.
- we are not a training provider, and the information must not be used for training;
- we are not liable for any Loss or damage suffered in connection with the Membership Services or reliance on any “health” or “medical” information or the Materials. In particular, we are not liable for any adverse patient outcomes that arise from reliance on any Materials.
You further acknowledge and agree that there may be:
- occasional errors or omissions on our website of descriptions, prices, availability and promotions of our Membership Services;
- limited places, and limits to certain regions or groups of people;
- technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software.
Except as required by law, we cannot guarantee the accuracy of the information, or the availability of our Membership Services.
You also acknowledge that we may make recommendations of specialist services and field experts during your Membership. Any recommendations are recommendations only, and if you specialist or field expert that is a contract between you and the specialist or field expert, and we are not to be involved. We are a facilitator only. We are not affiliated with the field expert or specialist and do not endorse them in any way. You must direct any concerns, requests for refunds or other feedback to the or specialist.
We may also recommend various products during your Membership. These are recommendations only and any contract is between you and the supplier, and we are not to be involved.
The Membership Fee is automatically deducted from your nominated payment method unless you or we cancel your Membership in accordance with the cancellation or termination terms below. You authorise us to deduct the Membership Fee and all other accrued and outstanding fees from your debit or credit card. This includes any applicable currency conversion fees, or financial service provider fees where relevant. If you have any special offer coupons they must be used at the of purchase to apply; they cannot be applied retrospectively.
Facilitated Medical Intervention
Where we facilitate a medical intervention, we will invoice you $250 for the first hour and $100 hour for additional hours of medical management up to a fee of $500. All invoices must be paid within 7 days. You acknowledge and agree that this fee is a fair and reasonable cost for the expert accepting the patient experiencing a complication. Any additional fees are to be agreed between you the patient and the expert.
You are responsible for the transfer of the patient and we recommend that all patients are accompanied by you wherever possible to minimise any transfer related adverse events.
Things you must do after purchasing our Membership Services
- maintain the confidentiality of your login and password for your account;
- not allow other people to use the Materials or your account;
- contact us by email at if you have any difficulty downloading any Materials;
- not reproduce, duplicate, copy, sell, re-sell or exploit the or Materials in any way;
- contact us by email at if you have any issues with your Membership and require a refund;
- contact us by email immediately if you consider that there are any errors or misinformation in our Materials, or if you consider that techniques ore information should be revised;
- seek our prior written consent before any publication of information about us; and
- in the case of a dispute keep all communications confidential.
Things we’d love you to do after purchasing on our website
We’d love you to provide us with any testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with testimonials and/or case studies you acknowledge that you have your client’s written permission, and you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at email@example.com.
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website
Except as required by law, we may at any time, and without prior notice to you:
- change and update information including availability and promotions;
- change prices or descriptions of our Membership Services;
- change our range of Membership Services, or discontinue our Membership Services.
We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Membership Services are delivered with due care and skill.
Except as required by law we do not warrant the quality of the Membership Services or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer benefit from the Membership Services, or where you fail to comply with our instructions.
If we need to cancel your Membership we will provide a refund
Except as required by law, all payments are non-transferable and non-refundable. This means any payments made for the 12 month Membership Period are non-refundable. After the Membership Period expires, your membership will continue on a monthly basis or annual basis according to your subscription. If you wish to cancel your membership you must email us at firstname.lastname@example.org We accept requests for cancellation provided that the Minimum Term has expired, and we receive at least 28 business days notice prior to the following automated payment date.
We can refuse to serve you and offer you Membership Services at any time
We may refuse to provide our Membership Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, any account and disable your ability to use our Membership Services. We can also change, suspend or stop providing our Membership Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Membership Services.
All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence for to use our Materials for your personal use only. This licence to use our Materials in relation to the Membership is for the duration of your Membership only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at email@example.com to seek consent.
FURTHER RELIANCE ON ADVICE DISCLAIMER
The information in our Materials may be classed as “medical” or “health” advice. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information may be historical information, and based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete. For that reason, we cannot guarantee that the information is accurate, complete or current.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Membership purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Memberships, your reliance on any of our advice and information, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, changes to Membership Services.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
- the replacement of services or the supply of an equivalent services; or
- the payment of acquiring an equivalent services.
In any case, our liability to you will not exceed the amount actually paid by you to us for your Membership.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with any patient outcomes, your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of our Intellectual Property Rights, and any third party claims, and any claims in relation to any field experts or specialists.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Materials means any of our books, protocols and guidelines, materials, worksheets, documents, copy, diagrams, videos, photographs and anything provided to you during your Membership.
Membership Fee means the fees as advertised on our website from time to time.
Membership Period means 12 months.
Minimum Term means 12 months.
We, us, or our means The Trustee for Aesthetic MET Unit Trust t/as Aesthetic MET [ABN 38580112265] and includes any of our directors, officers, employees, agents, partners, contractors.