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Swipe Clinics Terms of Use

SWIPE CLINICS TERMS OF USE

Effective Date: 20 September 2024

We are Swipe Clinics (Oblit Australia Pty Ltd ABN 47 679 873 164, an Australian corporation). We provide a laser tattoo removal service to clients attending our clinics.

The following Terms apply to:

your use of our website (Site),
your use of our mobile App, and
provision of products and services by us, including treatments at our clinics.

Additional Terms may apply to particular offers. Where those additional offers are made on this website, those additional Terms are set out below in relation to the particular offer.

These Terms, together with our Informed Consent Form and Privacy Policy (available online at privacy.swipeclinics.com) govern purchases made through this website or our App and together are the entire agreement between Swipe Clinics and you (Agreement). We may modify or amend these Terms, our Informed Consent Form and our Privacy Policy from time to time. We will display a notice at termsrevisions.swipeclinics.com stating when any such revisions have been made.

By using this website and our App, and when making a purchase through this website or our App, you agree to these Terms. If you are uncertain about any of the terms of the Agreement, please contact us before the completion of any purchase. You should review these Terms carefully and immediately cease using our website and our App and not make a purchase if you do not agree to these Terms.

All purchases will be governed by the terms of the Agreement as in force as at the date the purchase is made. By making a purchase, you agree to be bound by the Agreement then in force. Although we may from time to time modify or amend these Terms, our Informed Consent Form or our Privacy Policy, our right to vary the Agreement does not extend to variation of the price for prepaid treatments once we have received payment for a service.

Statements by you and us, and reliance upon those statements

We endeavour to ensure that all statements that we make are clear and correct. However, to the extent permitted by applicable law, we do not warrant that general statements are complete or apply to your particular circumstances. We take no responsibility for any loss or damage arising from your reliance upon general statements that are not particular to our treatment of you as and when conducted within a clinic.

It is very important that you tell us all about your allergies and pre-existing health status, including through you taking care to accurately and completely complete our Informed Consent Form. Our handling of this information about you will be governed by our Privacy Policy. By this Agreement, you warrant and represent that the information you provide to us at any time is true and correct in all material respects and that you have provided all relevant information. To the extent that information that you provide to us is not true, correct and complete and that deficiency leads to loss or harm suffered or incurred.

by you in connection with, arising out of, or in any way related to, a treatment, you agree that we are not liable in relation to, and you waive and release, and agree not to take action against us, for any claim for any such loss or harm, unless caused by our gross negligence or willful default.

Statements made about by us about treatments have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator. The results referred to may not occur for all individuals. Treatments are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own doctor or health care practitioner regarding treatments. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.

Results

Laser tattoo removal is not an exact science, and responses to the treatment can vary from one person to person depending on a number of health factors, skin type, the location of tattoo and inks used.

We cannot guarantee specific results. We do not provide any warranty (express or implied) for specific results. Our before and after photos on our Site and App illustrate outcomes for particular individuals only.

Payments made for services are for the treatments performed, not for a guaranteed result. For a guaranteed service package, we will continue providing the service until all removable ink has been removed.

Sometimes, additional treatments or care for complications may be necessary, which could result in extra charges for you.

Calculation of charges

We may at our discretion decide whether or not we are able to provide a treatment or any other service.

Some of the factors that affect our decision to provide a treatment or any other service include whether you are pregnant or are breast feeding, have certain allergies, heart rhythm disturbances, cancer, a pacemaker or electronically implanted devices, metal plates/pins, eczema or psoriasis, haemophilia, hepatitis, light/photosensitivity, hormonal disorder, hypoglycaemia, thyroid disorder, diabetes, lack of normal skin sensation, Lupus, HIV, multiple sclerosis, or epilepsy. Any non-disclosure of health-related matters may affect our ability to provide a treatment or any other service and may affect your rights should we not be able to provide a treatment or any other service.

We will at our discretion decide the period of time interval between treatments. Some of the factors that will determine this is the size and location of the tattoo, your health (including affects due to smoking, drinking and auto immune disease) and the package purchased by you.

We use a variable pricing model. Any pricing offered by us is valid only for days on which the offer is made to you. Once an offer is provided by us it shall be honoured as long as it is accepted by you on that day, unless you have provided incorrect information regarding yourself, such as the location of your tattoo or the photographic images do not represent the tattoo you wish to have removed.

Where a recurring payment is declined by your bank an administration fee of $10 shall be charged to manually process any outstanding amount.

Cancellations, No-Shows, and Late Arrivals

You will be charged for a service where you fail to attend a scheduled appointment or cancel a scheduled appointment less than 2 hours prior to the scheduled time.

Where you have purchased a fixed price guaranteed removal service, you will be charged at the deemed cost of the appointment based on the overall guaranteed price charged and the estimated number of treatments advised to you at the time of purchase.

Where you have purchased a weekly paid service, you will only be able to reschedule your appointment up to three weeks in the future.

Payments and Refunds

When we quote for a treatment of you, we rely upon such information as you have provided us at that time. We may subsequently decide that this information is incomplete or not reliable. If we subsequently receive further information from you or otherwise determine that you are not suitable for treatment, or that treatment is inadvisable for you, or would be unlikely to achieve your desired results, we will promptly tell you so and then refund to you the balance pre-paid by you for any treatments sessions that you have at that time not then received.

We will make refunds for any pre-paid treatments purchased which we are unable to provide to you, if you purchase a prepaid treatment and do not subsequently provide us with the information that we need to decide whether we can safely provide you with a treatment, or if information provided by you at any time leads us to decide that we cannot safely provide you with a treatment.

Refunds are not applicable for your change of mind.

Use of payment cards

Where you pay by payment card, you warrant that you have the necessary rights to use the payment card and that you are fully authorised to use it to pay for your order. You also warrant that this payment card provides access to funds being the total cost of your order. If that is not correct, we may refuse or cancel your order.

When you make a purchase by credit or debit card, we may conduct a pre-authorisation on your card for a portion of the purchase price. Once the pre-authorisation is processed, we will then instruct your financial institution to cancel the pre-authorisation. No funds are taken from your account at pre-authorisation, but a temporary ‘hold’ is placed on funds. Once we have cancelled the pre-authorisation, it may take up some days for your financial institution to release the funds, before you are able to access them.

We use third-party payment service providers to process your payment information. By submitting your credit card to us, you grant us the right to store and share your information for processing with such third parties. You agree that we will not be responsible for any failures of such third parties to adequately protect your information.

Communications from Swipe

By agreeing to these Terms you agree to receive communications from us, including via email, text message, calls, and push notifications, but only to the extent permitted by applicable law.

Communications from us may include responses to your inquiries, operational communications concerning your account, or marketing materials.

If you wish to opt-out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.

Use of Images

We will not use images of your tattoo for any marketing purposes without your consent. You agree that we may use the images for the purposes of our artificial intelligence application improving its ability to estimate the size and location of tattoos on other potential customers and for it to improve its estimate of the number of treatments required to remove a tattoo.

Adverse reactions

We take pride in our trained clinicians. In the unlikely event that you experience a side effect, we will require reasonable time and information to investigate your concern. You agree to provide your full co-operation during this time, which may include (where reasonable) telehealth consultations for assessment and or review of your circumstances by relevant manager of your clinic and other designated health professionals.

Limitation of liability

Where legislation implies into this Agreement any provision (guarantee, condition, warranty or other term) that cannot be restricted or modified, our liability for any breach of such conditions or warranties will (to the full extent permitted by law) be limited to, at our option, one or more of the following: replacement of the product or service, repair of the product, supply of an equivalent products or service; repayment of any part of the price of the product or service supplied; or payment of the costs of replacing or repairing the products or service, or acquiring an equivalent service.

This Agreement will not be read or applied in relation to the our supply of any products or service so as to purport to exclude, restrict or modify application of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) and provisions of any other statute, act or law of any State or Territory or the Commonwealth of Australia, or any other applicable territory, which by law cannot be excluded, restricted or modified.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our Site and App and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in N.S.W., Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. Our Site or App may be accessed throughout Australia and other countries. We make no representation that our Site or App complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site or use our App from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site or use our App.

Terms specific to your use of our Site and App

Information

Materials and information (Content) on our Site and App are subject to change without notice. We do not undertake to keep our Site and App up-to-date, and we are not liable if any Content is inaccurate or out-of-date. The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances. It is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Security and Passwords

You are solely responsible for maintaining the confidentiality of your authentication details. You agree to be accountable for all actions taken under your account. We are not liable for any losses or damages resulting from unauthorised access using your authentication details of the Site or App.

Privacy

We may collect and use personal information relating to you for purposes set out in our Privacy Policy.

Our Privacy Policy states how we store and use, and how you may access and correct your personal information; how you can lodge a complaint regarding the handling of your personal information; and how we will handle any complaint. If you would like any further information about our privacy policies or practises please refer to the policy at swipeclinics.com/privacy-policy

Licence to use our Site and App

We grant you a limited, revocable, non-exclusive, and non-transferable licence to access and make personal use of our Site and App in accordance with these Terms. All other uses are prohibited without our prior written consent. You may not download the Site (other than page caching) or modify it, or any portion of it, except with our express written consent. We grant you a limited, revocable, non-exclusive, and non-transferable right to create a hyperlink to the home page of our Site, so long as the link does not portray us, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use our logo or other proprietary graphic or trademark as part of the link without our express written permission.

No commercial use

Our Site and App are for your personal, non-commercial use only. You must not use our Site or App, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, unless you obtain a separate licence to do so from us. This license does not allow any resale or commercial use of our Site or App or contents; any derivative use of our Site or App or contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by us in a separate agreement, your right to use any software, data, documentation or other materials that you access or download through our Site or App is subject to these Terms.

Prohibited conduct

You must not do or attempt to do anything: that is unlawful; that is prohibited by any laws applicable to our Site or App; which we would consider inappropriate; or which might bring us or our Site or App into disrepute. Prohibited conduct includes (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using our Site or App to defame, harass, threaten, menace or offend any person;

(d) tampering with, modifying, damaging or interfering with our Site or App;

(e) knowingly transmitting viruses or other disabling features, including (without limitation) using trojan horses or piracy or programming routines that may damage or interfere with our Site or App;

(f) using our Site or App to send unsolicited email messages; or

(g) facilitating or assisting a third party to do any of the above acts.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site or App and all of the Content. Your use of our Site or App and your use of and access to any Content or App does not grant or transfer to you any rights, title or interest in relation to our Site or App or the Content. You must not:

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with our Site or App or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content. This Site or App (or any portion of it) may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on the Site or App without express written consent. You may not use any meta tags or any other “hidden text” utilising our name or trademarks without our express written consent. Any unauthorised use terminates the permission or licence granted under these Terms.

Exclusion of competitors

You are prohibited from using our Site or App, including the Content, in any way that competes with our business.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site. You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and
warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites

Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or App or the Content, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free or free from viruses; or

You read, use and act on our Site and App and the Content at your own risk.

Limitation of liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site or App and/or the Content and/or any inaccessibility of, interruption to or outage of our Site or App and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or App or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Third-Party Sites and Services

The Site and App may contain links to or allow sharing of content with third-party services, such as our reservation management platform, banks, financing institutions, and social media platforms like Facebook, X, and Instagram (Third-Party Sites). We have no control over Third-Party Sites and are not responsible for their content or availability. Your use of Third-Party Sites is at your own risk and subject to their terms and conditions and privacy policies (Third-Party Terms). We provide these links for convenience only and do not endorse the organizations operating such websites, their content, or other material. It is your responsibility to read and comply with Third-Party Terms.

Discontinuance

We may, at any time and without notice to you, discontinue our Site or App, in whole or in part. We may also exclude any person from using our Site or App, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

For any questions and notices, please contact us at
Swipe Clinics, 43 Lower Fort Street, The Rocks NSW 2000
Email: support@swipeclinics.com

Money-Back Guarantee Terms and Conditions – 29th October 2024

1. Guarantee Overview
At SWIPE Clinics we are committed to providing high-quality tattoo removal services. To ensure your satisfaction, we offer a money-back guarantee for our initial treatment. If you are not satisfied with the results, you may qualify for a refund according to the terms outlined below.

2. Eligibility
To qualify for our money-back guarantee, the following conditions must be met:

You must be a first-time patient at our facility.
The request for a refund must be made within 7 days of your first tattoo removal treatment.
You must have followed all pre-treatment and post-treatment care instructions provided by our staff or our website and be able to demonstrate that these instructions have been followed.
You must have undergone a consultation prior to your treatment, during which your specific tattoo characteristics and treatment expectations were discussed.

3. Refund Process
To initiate a refund request you will need to follow the following steps:

Contact our customer service team via customerservice@swipeclinics.com and provide your name, contact information, and the date of your initial treatment.
Clearly state your treatment details, reason for dissatisfaction and any specific issues you encountered.
Submit any required documentation, such as before-and-after photos of the treatment area.

We will acknowledge your request within 3 business days and provide further instructions.

4. Limitations

This guarantee applies solely to the initial treatment. Subsequent treatments, whether they are part of a package or individual sessions, are not eligible for a refund.
Refunds will not be granted if the dissatisfaction is due to;
- Unrealistic expectations regarding the fading process
- Failure to adhere to aftercare instructions provided by our team,
- Skin reactions or sensitivity that may have been discussed during your consultation, and or
- Other reasons outside of our control.

5. Refund Issuance

Approved refunds will be issued as a direct refund to the original payment method.
Please allow up to 7 business days for the processing of your refund once approved.

6. Exclusions

The money back guarantee does not cover cases of unrealistic expectations or dissatisfaction with the fading process as results may vary based on individual skin types, the location of the tattoo and the tattoo’s characteristics (e.g. colour of ink).
We reserve the right to refuse a refund if we determine that the dissatisfaction stems from factors unrelated to our services.
The money back guarantee does not cover cases where the patient has received treatments on the same tattoo by other practitioners prior to receiving the service from us.
Refunds are not available for promotional or discounted services.

7. Modifications
We reserve the right to modify these terms and conditions at any time. Any changes will be communicated to our patients via our website or via direct communication. Your continued use of our services after changes are posted constitutes your acceptance of the new terms.

8. Governing Law
These terms and conditions are governed by the laws of New South Wales, Australia. Any disputes arising under these terms shall be resolved in the competent courts New South Wales, Australia.

9. Contact Information
For any questions regarding our money-back guarantee, please contact us at customerservice@swipeclinics.com.