TERMS

A&O Fisher Family Pty Ltd and Dr Andrea Issler-Fisher (also trading as ‘Scarless- The Clinic’) and its websites offers goods and services relating to medical services, medical care services, consultancy relating to surgery, plastic surgery, cosmetic surgery, reconstructive surgery, consultancy relating to skin care, medical services for treatment of the skin, services for the care of the skin, alternative medical services, providing information including online, about medical services.

References to "our", "us" and "we" in this policy are references to A&O Fisher Family Pty Ltd , Dr Andrea Issler-Fisher, ‘Scarless-The Clinic’ and its related entities and associated websites including: scarlesstheclinic.com.au, scarlesstheclinic.com, scarless-theclinic.com, drandreaisslerfisher.com.au, scarclinicsydney.com, thescarclinicsydney.com, thescarclinicsydney.com.au (‘Website’).

These websites are owned and administered by A&O Fisher Family Pty Ltd and Dr Andrea Issler-Fisher.

Your access to and use of the information on this website, along with our Privacy Policy and other notices on our website, are governed by and subject to these terms and conditions of use (“Terms”) and all applicable law. The Scarless-The Clinic website is offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained herein.

Your use of the Scarless-The Clinic website constitutes your agreement to all such terms, conditions, and notices.

If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with our privacy policy which can be found on our website.

Unless otherwise stated, Scarless- The Clinic own the Intellectual Property rights in the website and all material on the website. Subject to the license below, all these Intellectual Property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:
• republish material from this website (including republication on another website).
• sell, rent or sub-license material from the website.
• show any material from the website in public.
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose other than as agreed.
• edit or otherwise modify any material on the website; or
• redistribute material from this website [except for content specifically and expressly made available for redistribution] by our consent.

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without our express written consent.

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Scarless-The Clinic a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to Scarless-The Clinic the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights including intellectual property rights, and must not be capable of giving rise to legal action whether against you or Scarless-The Clinic or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The Scarless-The Clinic website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Scarless-The Clinic and Scarless-The Clinic is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Scarless-The Clinic is not responsible for webcasting, or any other form of transmission received from any Linked Site. Scarless-The Clinic is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or approval by Scarless-The Clinic of the site or any association with its operators.

Scarless-The Clinic makes no representations or warranties about the truth, accuracy, completeness, security or currency of the content or information contained on the website including the competence, character, or identity of any third party listed or identified on this website. You access Linked Sites at your own risk.

Further, Scarless-The Clinic has no control over Linked Sites and will not accept any responsibility or liability for any injury, loss or damage suffered by you arising from or caused by any Linked Sites. If you choose to leave the Scarless-The Clinic website via links to other unaffiliated sites, including those of advertisers, we are not responsible for the privacy practices of those sites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.

Given the nature of the internet, Scarless-The Clinic cannot guarantee that any data transmission is totally secure, free from viruses, malicious computer code, fault or other conditions which could damage or interfere with your computer systems. It is your responsibility to ensure that you have sufficient protections in place to protect your computer and systems and to scan any materials from this website for viruses or other defects or corruptions that may cause damage to or interfere with your computer or systems.

Scarless-The Clinic does not warrant that its website is free from viruses, defects or other corruptions and accepts no liability that may arise because of use, directly or indirectly, of this website.

Scarless-The Clinic will also not be liable and accepts no responsibility for any interruption to your access to this website. Scarless-The Clinic does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once Scarless-The Clinic or its third party receives your transmission, Scarless-The Clinic and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact us immediately.

If you use this website and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in our sole discretion. If you register on the website, you agree that any information you provide to us will be current, accurate and complete. We will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify us immediately of any unauthorised use of your account and/or password(s), or other breach of security.

Copyright and other relevant Intellectual Property rights exists on all text, online content, music, photographs, videos, trade marks. This includes all written and other material, illustrations, designs, photographs, video clips, icons, images of people, places and/or products posted on this website and all other material relating to the Company’s services and the full content of this website.

This copyright is owned by Dr Andrea Issler-Fisher.

You may use the website for personal use only and must not use it for commercial purposes. You are not authorised to and must not adapt, copy, distribute, print, transmit, reproduce, modify, display, perform or publish any part of this website or the content contained on it without the express written permission of Scarless-The Clinic.

Any unauthorised use of any content or materials on this website is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes.
You may not modify or copy the layout or appearance of this website, nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer, or otherwise attempt to discover or access any source code related to this website.

Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
We own and retain all proprietary rights to the Site, the Content, any instructional modules, music, and all associated Intellectual Property rights. You are permitted to use the Site only as authorised by us. As a User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Site for educational purposes only, subject to these Terms.

Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.

You must not modify the physical or digital copies of any Content you print off, sell, or download in any way, and you must not use any illustrations, photographs, music, video or audio, or any graphics separately.

Intellectual Property means all:

(i) registered and unregistered intellectual property and industrial rights, throughout the world, whether now existing or created on or before the agreement date if relevant, including without limitation, copyright, trade marks, patents, and neighbouring rights, including rights in relation to inventions and designs, any other intangible proprietary rights whether registered or not, including rights in get-up and business names, designs, source code, domain names, confidential information (including know-how, trade secrets and datasets).

We have adopted a privacy statement, and you should refer to it to fully understand how we collect and use your information. The privacy statement explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).

Scarless-The Clinic reserves the right to update or change the terms, conditions, and notices at any time without notice to you by publishing the new terms or conditions on our website. By continuing to use this website you confirm that you have read and accept the Terms as they apply from time to time. If you do not accept these Terms, you must immediately refrain from accessing or using our website.

Except as otherwise provided in the standard terms of sale that govern the same of each product on this site, this site, the products offered for sale on it and the transactions conducted through it are provided by Scarless-The Clinic, on an “as is” basis. Scarless-The Clinic makes no presentations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here to the full extent permissible by applicable law, Scarless-The Clinic disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy, and system integration. This site may include inaccuracies, mistakes, or typographical errors. Scarless-The Clinic does not warrant that the content will be uninterrupted or error free.

To the maximum extent permitted by law, Scarless-The Clinic will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, indirect incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, Scarless-The Clinic total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to Scarless-The Clinic during the month immediately preceding the act allegedly giving rise to Scarless-The Clinic liability.

The Scarless-The Clinic website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

Scarless-The Clinic has no obligation to monitor the Communication Services. However, Scarless-The Clinic reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Scarless-The Clinic reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever.

Scarless-The Clinic always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Scarless-The Clinic does not control or endorse the content, messages or information found in any Communication Service and, therefore, Scarless-The Clinic specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Scarless-The Clinic spokespersons, and their views do not necessarily reflect those of Scarless-The Clinic.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Scarless- The Clinic and related entities agree to abide and comply with the Health Practitioner Regulation National Law Act 2009 and the Health Practitioner Regulation National Law (NSW) No 86a (‘National Law’).

Scarless -The Clinic and Dr Andrea Issler-Fisher are members of The Australian Health Practitioner Regulation Agency (Ahpra) being the national organisation responsible for implementing the National Registration and Accreditation Scheme (the National Scheme) across Australia.

The Guidelines for advertising a regulated health service were jointly developed by the National Boards under section 39 of the National Law. The guidelines have been developed to help practitioners understand its obligations when advertising its services. We agree to abide by the Guidelines when advertising our services. If you have any issue with our advertising, website content, information, news, communication services, please direct these queries to info@scarlesstheclinic.com.au.

You hereby indemnify Scarless-The Clinic and undertake to keep Scarless-The Clinic indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Scarless-The Clinic to a third party in settlement of a claim or dispute) incurred or suffered by Scarless-The Clinic arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection therewith. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.

Scarless-The Clinic reserves the right to change these conditions from time to time as it sees fit, and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site, or customers personal information (including Personally Identifiable Information) notification by e-mail will be made to those affected by this change.

Although this website may be accessed worldwide, content is only intended for residents in Australia. By accessing, browsing, or using this website, you agree that these Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia.

Regardless of where you access this website, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or state courts located in New South Wales, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and us.