discoveredbeauty.com.au (hereinafter referred to as “Discovered Beauty”, “our Website”, “We”, “Us”, or “Our”) provides an online platform for the marketing, sale, and processing of cosmetic procedures not limited to but including surgery, treatment, and consultation (hereinafter referred to as “our Services”) in Sydney, Australia. Our Services are available to all customers (hereinafter referred to as “You” and “Your”) via our Website.
In using our Website, you deemed to have read and agreed the provisions stated in our Terms of Service (hereinafter referred to as “Terms”). All Terms herein govern your use and access of our Website and Services and constitute a legally binding agreement between you and Discovered Beauty.
We reserve the right to recover any collection charges, cost of services, and attorney’s fees that arise from fraudulent use of our Website and Services. We also reserve the right to initiate legal proceedings against entities that commit unlawful acts or acts of omission that violate our Terms and Services as well as existing laws.
Documents and links mentioned in our Terms shall be considered jointly accepted upon use of our Website. Any agreements, commitments, or actions made without regard or acknowledgement of the terms stated herein shall be AT YOUR OWN RISK.
1. Customer Acknowledgement
1.1 You acknowledge and recognize Discovered Beauty as a Healthcare Promoter and Cosmetic Surgery Company that provides face, breast, and body surgery and other similar cosmetic surgeries and treatments, NOT as a Healthcare and Medical Services Provider.
1.2 Discovered Beauty provides services that connect you to surgeons, doctors, and cosmetic professionals through the Internet and other mobile media. These services also include: appointments, price quotations, travel and accommodation recommendations, and other services.
1.3 Once you decide to proceed to medical assessments and bookings, Discovered Beauty will issue a non-refundable fee.
1.4 The customer is responsible for understanding the risks and realities associated with any of the treatments and/or surgeries provided.
1.5 All price quotations in our Website are based on standard estimates and do not account for any complications or pre-existing conditions. All final quotations are made on a case-to-case basis based on discussions, consultations, assessments, and examinations with medical specialists and may vary from the original quotations provided.
1.6Leading up to the operation, the surgeon may require you to undergo laboratory tests and other checkups to determine your fitness for your chosen procedure. These tests are standard Discovered Beauty protocol and may incur costs.
1.7 Prior to any procedure, you are required to sign a statement of consent and authorization provided by the Discovered Beauty, which serves as an acknowledgement, understanding, and confirmation of all discussions over the course of your consultations.
1.8 If you choose to undergo treatment in spite of a pre-existing condition (e.g. diabetes, asthma, anxiety and depression, blood disorders, etc.), you must supply a written clearance from a doctor or specialist or release authorization before proceeding. Each patient is unique; therefore, procedures may vary per individual.
1.9 Any unexpected outcomes or complications are not tantamount to negligence or incompetence of the attending surgeon or the Discovered Beauty. However, in the event that complications do arise, we will ensure that these are dealt with until all parties are satisfied.
1.10 In the event that a customer remains dissatisfied, we will initiate a mediation, arbitration, and/or clinical review process to resolve any disputes.
1.11Accommodation costs listed in our Website may vary depending on several factors including seasonality and availability, destination, place of departure, and accommodation.
2.1 You may book an appointment with our surgeons through our Website.
2.2 We provide assistance to help you find the best deals for flights and accommodations to make your post-surgery care as manageable as possible.
3.1 To access and use our Services, you may need to setup an account (hereinafter referred to as “your Account”) on our Website. By setting up an account, you expressly state that you are of legal age and that you have not been previously barred or suspended from the Service under applicable jurisdiction.
3.2 To complete your account, you may be required to provide Personal Information such as your name, email address, gender, date of birth, and several others. We reserve the right to remove a username that we deem as inappropriate due to factors that include malicious intent, misrepresentation, and the like. You agree to provide information that is factual and up-to-date. In the event that your Personal Information changes, you are responsible for updating your account promptly.
3.3 You may register your Account using Facebook, Twitter, and YouTube. You are solely responsible for protecting and maintaining your Personal Information, including sensitive information such as your username and password. We advise you not to share your password to unauthorized entities. We encourage you to use a “strong” password, preferably one with a combination of lowercase and uppercase letters, numbers, and symbols. We shall not be held responsible for any losses and damages that may arise from your failure to apply appropriate security measures to protect your Account.
3.4. When you register using Facebook, Twitter, and YouTube, our website may capture your profile information and display photo.
4. Availing Of Services
4.1You may choose from any of the Services listed in our Website. These include cosmetic surgeries and treatments for the face, breasts, and body as well as dental services. In our Website, we outline the details of each of our Services. You may also check our price list for the cost of each procedure.
4.2 Once you have a procedure in mind, you can book an appointment with any of our surgeons via our Website. Before the day of your appointment, we will require you to accomplish an online form and send photos of your body. These will be sent to our surgeons for evaluation.
5. User License
While we aim to provide as much information as possible, our Website is intended as a tool for educational and entertainment purposes only. The content contained therein should not be used to endorse any treatment, product, plan, course of action, or medical provider. Furthermore, use of this site does not equal a doctor-patient relationship. Our Website does not contain any medical advice nor is it intended as a platform for medical diagnosis or treatment. Use of our Website is not meant as a substitute for a medical consultation with a qualified health, medical, or cosmetic professional. We disclaim any responsibility for the services provided by physicians, surgeons, and other medical professionals referred to on our Website and on third party sites. Although we do our best to ensure that all the information on our Website is correct, we cannot guarantee that it is always accurate or updated. We offer our Website “AS IS” with no warranties.
You expressly agree and understand the following: Any access to our Website or related content is AT YOUR OWN RISK. These are provided to you “AS IS” and “AS AVAILABLE”. Notwithstanding the foregoing, we and our affiliates, subsidiaries, partners, parent entities, licensors and their respective officers, employees, contractors, and agents hereby unambiguously declaim all warranties, conditions, or representations of any kind, whether statutory or implied, including but not limited to, non-infringement, fitness for a particular purpose, and any and all warranties of merchantability.
Our Website’s entities do not in any way represent or provide warranties and disclaim all liabilities and responsibilities for the following:
a. The comprehensiveness, availability, security, timeliness, reliability, or accuracy of our Website and all its related content.
b. Deletion of, failure to transmit or to store of, or unauthorized access to our Website and other content and lines of communication maintained by our Website.
c. Any damage or harm to your devices, including loss of data and attacks on software that arise from your use or access of our Website and its related content.
d. The content, services, or products available on our Website and third party sites and resources. Presence of third party sites and resources on our Website does not imply our endorsement for the content, services, or products available on those websites or resources You agree to assume all risk and responsibility for all activities and events that arise from your use of these websites or resources.
e. Whether our Website will satisfy your requirements or stay available on a secure, error-free, and uninterrupted basis. No information or advice, in any form, whether written, oral, or otherwise, obtained from our Website and its related entities will create any binding warranty unless expressly stated herein.
8. Ownership Of Content
You acknowledge that our Website and third party sites are protected by intellectual property rights, copyright, trade dress, and other laws. These may not be imitated or distributed in whole or in part. Company names, product names, logos, marks, and symbols may be trademarks of their particular owners.
9. Rules On Usage
In using our Website, you agree to be bound by the Terms stated herein. All content cannot be used for unlawful purposes or purposes prohibited by this agreement. We reserve the right to prohibit access to any and all components of our Website for any reason and at our sole discretion.
All trademarks, logos, and service marks viewable on our Website are registered and unregistered trademarks of Discovered Beauty, its third parties, and other affiliates. Nothing in our Website shall be construed as granting by estoppel, implication, or otherwise any right in and to the trademarks without the express written consent of Discovered Beauty and/or its third parties.
11. Travel And Accommodations
11.2 You may opt to extend your stay or bring friends and family.
11.3 Refunds for flight or booking cancellations may not be given. Any rules relating to cancellation are under the discretion of our third party providers.
12.1 Content sent (e.g. images, documents, etc.) via public or private channels are sent at your own risk. We hold no obligation to control or monitor any content uploaded using our Website and we have no responsibility over any such content.
12.2 Under no circumstances will we be liable for any errors, omissions, or damages to content transmitted through our Website or other channels. We do not represent, support, guarantee, or endorse any opinions posted on our Website. In using our Website, you may be exposed to content that can be harmful, offensive, deceptive, or inappropriate. You shall not use our Website for the following:
a. Recording, transmitting, or otherwise making available content that is harmful, abusive, threatening, harassing, hateful, defamatory, tortious, obscene, vulgar, libelous, harmful, invasive of privacy, racially or ethnically discriminating, or otherwise objectionable, including content that is unauthorized or misrepresentative, especially content under contractual or fiduciary obligations (e.g. non-disclosure agreements, confidential information, proprietary information);
b. Recording, transmitting, or otherwise making available content that infringes on any trademark, patent, trade secret, proprietary rights, or copyright of other parties;
c. Recording, transmitting, or otherwise making available unauthorized and unsolicited promotional materials, advertising, “spam”, “junk mail”, “pyramid schemes”, or “chain letters”;
d. Impersonating persons or entities that include, but are not limited to, Discovered Beauty employees, surgeons, physicians, or any other misleading bodies;
e. Harming minors in any way;
f. Stalking other users;
g. Collecting personal data from other users;
h. Manipulating identifiers or forging headers to conceal the origin of content transferred through our Website;
i. Intentionally or unintentionally violating state, national, and international laws or regulations;
j. Disrupting or interfering with our Website and/or servers and violating requirements, policies, or procedures of networks linked to our Website.
13. Rights And License To Content
13.1 All rights to content you upload or post on our Website belongs to you. However, by submitting content to our Website, you grant us a perpetual, limited, worldwide, irrevocable, royalty-free, non-exclusive, and transferrable license (including the right to sublicense) to use, reproduce, copy, process, adapt, modify, host, display, and distribute such content through our various distribution channels. All submitted content may be changes as necessary, in order to adapt and conform to various services, devices, networks, or media.
13.2 You hold sole responsibility for your use of our Website, including the content you provide as well as the consequences that may arise as a result. Without limiting the foregoing, you acknowledge and consent to the rights, authority, and power to grant the rights to any content you submit.
14. Discovered Beauty Rights
All rights, titles, and interests in and to our Website (excluding user submitted content) are exclusively the property of our Website and licensors. These rights, titles, and interests are protected by state, national, and international laws. You shall not use our Website’s name, logo, trademarks, copyrights, and other proprietary materials unless you are given expressed written consent to do so. All feedback, suggestions, and comments are voluntary and may be subjected to changes. We may also use, reproduce, modify, commercialize, revise, and otherwise freely exploit such content as we see fit without consent, payment, or obligation, provided these measures are done without any violations of laws, Terms, policies, and regulations.
15. Intellectual Property Rights
15.1 We uphold and respect all intellectual property rights of others and expect our users to do the same. We shall respond to any reports of alleged copyright infringement promptly and accordingly to the full extent of applicable laws. In the event that your content has been reproduced, copied, or plagiarized in a manner that constitutes copyright infringement, kindly supply us with the following:
a. A copy of the work claimed to be infringed;
b. A copy of the material claimed to violate the copyright in question and other information that can aid in investigation;
c. A physical or electronic signature of the copyright holder or authorized parties;
d. Your contact details, including telephone number, address, and email;
e. A document stating the information you provided is accurate and that you own the copyright or are authorized to act on behalf of the copyright owner; and
f. A document stating good faith belief that the infringing content is not authorized by the copyright owner, its agent, or the law;
15.2 We reserve the right to remove any content that allegedly violates any intellectual property laws at our sole discretion, without prior notice, and without liability to other parties involved. In the event that a user is a repeat infringer, we may terminate his/her account at our sole discretion, without prior notice, and without liability to other parties involved.
16.1 Discovered Beauty makes no guarantees on the outcomes or results of any of our Services.
16.2Discovered Beauty is intended only as a platform for facilitating, assisting, and arranging surgery and treatment dates, travel arrangements, and accommodations.
16.3 Discovered Beauty refuses any liability in contract or in tort for losses, injuries, damages, delays, inconveniences, or additional expenses caused directly or indirectly by uncontrollable or unanticipated events, force majeure, or any undesirable circumstance that may arise during any trip prepared by Discovered Beauty on your behalf. You agree to defend, release, and hold harmless our staff, employees, and agents from all liabilities and indemnify each and all of them against any allegations or claims made by or through the use of our Website, social media pages, or directly in person in any manner.
16.4 You wholly and expressly agree that none of the Discovered Beauty parties shall have any liability to you or your companions under any theory of liability or indemnity that may arise from any use of our Website and other lines of communication. You hereby waive and forever release any and all allegations or claims you may have against Discovered Beauty and its related parties (including, but not limited to, claims on negligence or miscommunication) for losses or damages sustained from use of our Website.
16.5 The foregoing paragraph notwithstanding, the total exposure and liability of the Discovered Beauty parties shall not exceed the amount paid by you for any Services or information provided. In no event shall any of the Discovered Beauty parties be liable for any damages or losses other than the amount indicated above.
16.6 No Discovered Beauty parties shall be held liable or responsible for any kind of damages or losses that result from failure or interruption of our Website, or from those resulting from omission of any other parties involved in the transfer of information and data to you.
16.7 In the event that the limitations above do not apply, for any reason, the full liability of Discovered Beauty shall not exceed 3,000 AUD.
17. Unauthorized Activities
17.1 Our Website and Services may only be accessed and used for lawful purposes only. We prohibit any of the following activities:
a. Accessing or searching our Website using any tool, software, agent, device, or mechanism (including, but not limited to, robots, data mining tools, spiders, crawlers, etc.) other than those provided by us or available third party web browsers;
b. Interfere, access, or tamper with any non-public areas of our Website and Services including, but not limited to, uploading or disseminating adware, spyware, worms, viruses, or other malicious software or code;
c. Download, gather, or use information from other users, especially Personal Information (e.g. username, real name, home address, email, telephone number, etc.);
d. Solicit from other users through junk mail unsolicited advertising, spam, and the like;
e. Use our Website and Services for commercial purposes that benefit any third party in manners not allowed by our Terms;
f. Violate applicable laws or regulations;
g. Encourage others to do the foregoing activities; or
h. Impede or disrupt other users from enjoying our Website and Services.
You expressly agree to indemnifyour staff, employees, agents, consultants, subsidiaries, and affiliates from any liabilities, claims, damages, costs, and expenses that arise from:
a. Access to our Website and Services;
b. Violation of our Terms and applicable laws and regulations;
c. Issues or disputes between you and any third party; or
d. Violation of any rights, rules, and policies of any third party, including privacy, intellectual property rights, or confidentiality.
19. Assignments And Termination
20. Links To Third Party Sites
Our Website and Service may contain links to external sites and services not operated or managed by us. These links are only provided for convenience and are not meant to reflect our opinions or views. We are not responsible for any of the content displayed on such sites. You expressly agree to assume all risk and responsibility from use of these sites and services. However, we may provide assistance and tools that allows you to export information and content to third party services. In using these channels, you agree that all such information is transferred under your consent. We hold no control over these third party services and we do not hold any responsibility over their use of your information.
21. Changes To The Terms
We may, at any time and without prior notice, decide to change, amend, modify, and revise our Terms in order to improve our Website and Services. We kindly request you to stay updated for any changes. Should the change affect your rights and obligations, we shall notify you of such changes to the best of our abilities. These notifications may be in the form of a banner, ad, email, or other similar mechanisms. In the event that any changes affect your rights and obligations, we may require you to provide consent or acceptance of these new Terms. Should you refuse to accept these changes, we reserve the right to terminate your access and use of our Services. Any disputes that arise regarding the Terms shall be resolved in accordance to the Terms in effect during the time of the dispute.
22. Dispute Resolutions And Arbitration
To expedite the settlement of any dispute that may arise between you and us, both parties (you and Discovered Beauty) agree that any and all disputes shall be dealt with by binding arbitration.This process is less formal than a court issued lawsuit. In this process, a neutral arbitrator takes the place of a judge and a jury. The arbitrator has the right to award and relieve in the same manner as a court. This agreement to arbitrate disputes covers all aspects of the Terms, whether a matter of statute, fraud, tort, misrepresentation, or other legal theories.
23. Waivers And Severability
If we fail to enforce rights or provisions expressly stated in these Terms, this does not equal to a waiver of the said rights or provisions. Should a provision of these Terms be held unenforceable or invalid, the provision concerned shall be eliminated or limited in order to comply with applicable laws and regulations. The remaining Terms shall remain in full force and effect.
By using our Website and Services, you affirm to be 18 years or older or possess legal parental or guardian consent, and assert that you are competent and able to enter into our Terms.
25. Consent To Electronic Communications
By using our Website and Services, you agree to receive information from us via electronic communications. Any agreements, notices, disclosures, and other communications that are send electronically shall satisfy any legal communication requirements, whether oral or written.
26. Entire Agreement
27. Complaints, Comments, And Queries
For any complaints, comments, or queries, you may contact us at the following:
51 Burwood Rd, Burwood NSW 2134, Australia