1. Use of Website

1. Welcome to The CAPS Clinic website capsclinic.com.au and all sub-domains/ related web pages. Please read these terms and conditions carefully. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and The CAPS Clinic’s rights and obligations to each other. If you do not agree with the Terms, you must cease usage of our website, or any subdomains/ pages, immediately.
2. Use of the Website and the Services is at your own risk.
3. You must be over 18 years of age to use our website.
4. Our website and its sub-domains offer information pertaining, but not limited to, services and products provided by The CAPS Clinic and Dr Taylor, Sole’vita Surgery, 360uv Skin Cancer Clinic, My Genesis Clinic and Frosted Away Clinic. This may include, but is not limited to, information regarding plastic surgery, skin cancer, non-surgical skin and body treatments.
5. We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. Any changes to the Terms take immediate effect from the date of their publication unless otherwise stated.

2. Website Access & Privacy

1. You may access, display or print The CAPS Clinic webpages, photos, videos, guides, digital publications and other materials found on our website for your personal use only. You may not access, display, print, distribute, republish or reproduce the information found on our website in any way for public use, without the prior written permission of The CAPS Clinic. Anyone found breaching these terms, whether intentionally or not, may be liable.
2. Every effort is made to keep our website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website or products and services being temporarily unavailable due to technical issues beyond our control.
3. When you look at our web site, our internet provider makes a record of your visit and logs the following information for statistical purposes: your server’s IP address, your top level domain name (eg .com, .gov, .au, etc), the pages you accessed and documents downloaded, the previous site you have visited, the type of browser you are using etc. We will not make attempts to identify users or their browsing activities. However, in the unlikely event of an investigation, a law enforcement agency or other government agency may exercise its legal authority to inspect our Internet Service Provider’s logs.
4. Our website offers an online Contact Form, which collects your first name, last name, email address and a message you enter. When you submit the form on our website, the information is captured and stored on our secure website and transferred to our email account for purposes of communicating with you. By submitting a contact form on our website, you understand and agree to the Terms and Conditions and Privacy Policy.

3. Use of Cookies Policy

1. When you visit our website and subdomains/ web pages, we may collect certain information using cookies. Cookies are tiny text files that are sent from a website and stored on your computer by your web browser when you visit that web site. Cookies are used to record your user preferences and activity on the website. There are various types of cookies which may be used.
2. Our website uses cookies to help understand how the site or service is being used, help you navigate between pages efficiently, help remember your preferences, and generally improve your browsing experience. The deidentified information is used in an aggregated manner to analyse how people use our site, such that we can improve our service to you.
3. Our website uses cookies to analyse website traffic to ensure marketing you see online is more relevant to you and your interests. Cookies may be used to serve relevant ads to website visitors through third party services, such as Google Adwords and Facebook Adverts. These ads may appear on our website or other websites you visit.
4. Our site has cookies from various third-party providers, including but not limited to, Google, Facebook, YouTube, Mailchimp and WordPress.
5. Most web browsers automatically accept cookies, but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website and some parts of the site may not function properly.
6. Our site may have links to other websites not owned or controlled by us. Please be aware that The CAPS Clinic is not responsible for the privacy practises and cookies of third party sites. We encourage our users to be aware, when they leave our website, to read the privacy statements and cookie policies of each and every website that collects personally identifiable information.

4. Google Analytics

1. Google Analytics may be used to collect information about how people use our website. The information we obtain from Google Analytics helps us understand user needs so that we can offer a better user experience.
2. Google Analytics uses cookies to collect information about which pages you visit, how long you are on the site, how you got there (for example from a search engine, a link, an advertisement etc.) and what you select. Information collected by the cookies (including your IP address) is transmitted to and stored by Google on servers in the United States.
3. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.
4. By using our website, you consent to the processing of data about you by Google in the manner described in Google’s Privacy Policy and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google.

5. Limitations of Content

1. Any surgical, invasive or non-surgical procedure carries risks. Before proceeding, you should seek a second opinion from an appropriately qualified health practitioner. Our content (including but not limited to our website, digital and printed materials) is not intended to be a substitute for professional advice.
   • A personal consultation with Dr Taylor, one of our 360uv skin cancer doctors, one of our Dermal Clinicians, or your personally chosen qualified medical professional, is necessary to discuss your specific needs to provide professional advice and discuss alternative methods of treatment, risks and possible complications of surgery and non-surgical treatments, if and as these apply to you. Nothing contained within our content can replace a personal consultation.
   • Surgical results and procedures can vary greatly, depending on numerous factors. The information in our content cannot contain all the known facts about a procedure or every possible side effect of surgery. The information provided is general in nature, it may not apply to you or cover your personal requirements. This can only be properly done through a personal consultation with Dr Taylor, or one of our skin cancer doctors.
   • Of course, you are free to discuss anything that you see in our content with your own chosen professional adviser.
   • We do not recommend that you disregard experienced professional medical advice or delay in seeking it because of something you have read in our content or any other website or content.
   • If you choose to rely on the information in our content, in the absence of specific medical advice personally delivered to you in a face-to-face consultation, you do so wholly at your own risk.
2. The CAPS Clinic have used reasonable care and skill in compiling the content of these materials. However, The CAPS Clinic makes no warranty as to the accuracy or completeness of any information contained therein nor does The CAPS Clinic accept responsibility for any acts or omissions in reliance upon these materials.
3. The information in our content is subject to change without prior notice. All persons are advised to seek professional advice to keep abreast of any legal or other reforms and developments.
4. Our content may also, on occasion, include links to other websites or external content which are not controlled by us. These links and recommendations are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites or content. We have no control over the nature, content and availability of those websites or content.

6. Liability and Indemnity

1. To the extent permitted by applicable law, The CAPS Clinic, its owners, managers, employees, affiliates, agents and consultants, contributors, third party content providers and licensors shall not be liable to you for any loss or damage claims which may be incurred by you in connection with the use of our content or services.
   • This includes, but is not limited to, direct, indirect, incidental, special consequential or exemplary loss or damages. This includes, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation or any other intangible loss.
   • You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis), incurred by you arising out of or in connection with our content, or services.
   • The CAPS Clinic’s total liability arising out of or in connection with these terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the services to you.
   • Nothing in the terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
2. Subject to this clause, and to the extent permitted by law:
   • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
   • The CAPS Clinic will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
3. Everything related to our content or services is provided to you “as is” and “as available” without warranty or condition of any kind. None of The CAPS Clinic, its owners, managers, employees, affiliates, agents and consultants, contributors, third party content providers and licensors make any express or implied representation or warranty about the services or products referred to in our content. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
   • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
   • the accuracy, suitability or currency of any information on the website, the services, or any of its services related products (including third party material and advertisements on the website);
   • costs incurred as a result of you using our content, services or any of the products of The CAPS Clinic; and
   • the services or operation in respect to links which are provided for your convenience.
4. Unauthorised use of our content may be a criminal offence and/or give rise to a claim for damages. You may only use our content for lawful purposes and in a manner consistent with the nature and purpose of our content or services.

7. Copyright & Intellectual Property

1. Copyright © The CAPS Clinic (ABN 64 697 356 232). All rights reserved. All trademarks and trade names are proprietary to The CAPS Clinic and must not be downloaded, reproduced or otherwise used without the express written consent of The CAPS Clinic.
2. Our printed or digital information and that found through other platforms utilised by The Clinic are subject to copyright and contain material which is owned by or licensed to us, and reproduction is prohibited. This material includes, but is not limited to:
   • our website (content, design, layout, appearance, look, photos, video and graphics)
   • digital material (digital publications, email marketing, social media content)
   • printed material (brochures, flyers, forms, signs, posters)
   • other platforms (such as radio, TV, reception TV displays, webinars, workshops.
3. The material is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the services and compilation of our materials (including but not limited to text, graphics, logos, button icons, photos, video images, audio clips, website, code, scripts, design elements, content and interactive features) or the services are owned or controlled for these purposes and are reserved by The CAPS Clinic or its contributors.
4. Any reproduction of our website material, or any digital or printed publications or products, is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
5. All trademarks, service marks and trade names are owned, registered and/or licensed by The CAPS Clinic, and are expressly reserved by The CAPS Clinic.
6. The CAPS Clinic retains all rights, title and interest in and to the website and all related services. Nothing you do on or in relation to our content will transfer any:
   • business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
   • a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
   • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
     to you.
7. You may access and display The CAPS Clinic’ printed and digital content for your personal use only. You may not access, display, print, distribute, republish or reproduce our printed or digital content in any way for public use, without the prior written permission of The CAPS Clinic. Anyone found breaching these terms, whether intentionally or not, may be liable.
8. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for herein, you may not use these materials in any manner without the prior written permission of the copyright owner.

8. Your Rights and Responsibilities

1. Everyone who is seeking or receiving care in the Australian health system has certain rights regarding the nature of that care. These are described in the Australian Charter of Healthcare Rights. The rights included in the Charter relate to access, safety, respect, communication, participation, privacy and comment.
2. The Australian Charter of Healthcare Rights is available to everyone in the healthcare system. It allows patients, consumers, families, carers and providers to share an understanding of the rights of people receiving health care.
3. Patients, consumers, healthcare providers and health service organisations all have an important part to play in achieving healthcare rights and contributing to a safe and high quality healthcare system.
4. A genuine partnership between patients, consumers and healthcare providers is important so that everyone achieves the best possible outcomes.
   • At all times, patients have the right to a high standard of quality care, to be treated with respect, dignity and without discrimination.
   • Our facility is committed to the provision of high ethical and moral standards and complies with all applicable laws and regulations.
   • All patients must at all times provide full disclosure of their health, be courteous, respectful and considerate of staff and other patients and their privacy.
   • All information is respected and treated as confidential and may be disclosed to those health care professionals involved in your treatment.

9. Dispute Resolution

1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
2. A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
3. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
   • Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
   • If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association; Conflict Resolution Service or his or her nominee;
   • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
   • The mediation will be held in the Australian Capital Territory, Australia.
4. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
5. If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
6. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
7. If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

10. Governing Law

1. The Terms laid out are governed by the laws of Australian Capital Territory, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Australian Capital Territory, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
2. If there is a dispute between you and The CAPS Clinic that results in litigation then you must submit to the jurisdiction of the courts of ACT, Australia.
3. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Policy last updated March 2020.