Terms and Conditions
The following terms and conditions, together with our client consent form (the “Consent Form”) and Privacy Policy (available online at our website) govern purchases made through Tone N Sculpt and constitute the entire agreement between you and us as the contracting parties (the “Agreement”). All purchases of our products and treatment will be governed by the Agreement in force as at the date the purchase is made. Each time you enter our website and/or enter our clinic, your entry indicates your full acceptance of the Agreement. If you do not accept these terms of the Agreement, please exit the site or our clinic (as applicable).
The term ‘Tone N Sculpt or ‘TNS’ or ‘us’ or ‘we’ refers to the owner of the website, Tone N Sculpt and the business. The term ‘you’ refers to the user or viewer of our website, or the client at our premises as the context requires.
Our right to vary the Agreement does not extend to us having the right to vary pricing of any prepaid products or treatments once we have received payment for a product or treatment. If you are uncertain about any of the terms of the Agreement, please contact us before the completion of any purchase.
These terms and conditions apply to all products and treatments advertised by Tone N Sculpt and any additional terms and conditions relating to specific promotions will be available at our clinic.
Appointments and refund policy
You must make a booking for any of our services via our website or by calling us on the contact number listed on our website or by our Instagram page.
To ensure you get your full treatment we require you to arrive 15 minutes prior to your appointment time. If you are late, we may not be able to provide your full treatment. Any adjustment made to your treatment time due to late arrival will result in your being charged for the full appointment. In the event we are unable to perform your treatment due to late arrival you will be required to pay for the full treatment. In the case of prepaid treatments, the treatment will be forfeited.
Due to the nature of our business, we require a minimum of 48 hours’ notice for any appointment cancellation, if the appointment is re-scheduled a minimum 48 hours prior to your appointment day, any prepayment or deposit will be applied to the scheduled appointment. If you fail to reschedule your appointment with a minimum 48 hours’ notice, no transfer of the deposit will be applied. In the case of pre-paid treatments, the treatment will be forfeited if we are not given 48 hours’ notice. We are not required to provide any refund for any appointments cancelled, missed or changed without 48 hours’ notice.
We are under no obligation to facilitate or provide a refund as a result of any change of mind or under any circumstances but this does not exclude your rights for a refund under consumer law where there is a major problem with the product or service. Our team works tirelessly to ensure your satisfaction and the best possible results from our treatments. We understand that unforeseen situations may arise, and we encourage open communication to address any concerns promptly.
TNS will use its best endeavours to have your treatment performed by the therapist of your choosing, there is no guarantee of this and refunds will not be given in the event a therapist is unavailable to perform your treatment.
Consent Form
All clients are required to complete our Consent Form prior to their first appointment. Any change to your circumstances, either your personal details or medical history must be advised to our staff prior to any appointment. In some cases, we may be able to provide a limited range of treatments to you if you do not wish to provide the information required to complete our Consent Form, however we retain the right to refuse to provide our Products and Treatments to you in our absolute discretion. By completing the client consent form, you warrant and represent that the information you provide to us is true and correct in all material respects and that you have provided all relevant information. Further, you acknowledge and agree that we accept no liability for any loss or damage that you suffer as a result of providing us with incorrect information or in connection with a failure to provide us with all relevant information in the client consent form.
Prices and Promotions
Prices for our services listed online on our website are subject to change without prior notification to you. Prices for our services set out in our clinic are subject to change without prior notification to you.
Prices for our services set out in our service booklet are subject to change without prior notification to you. Promotions are subject to change or may be withdrawn at any time without prior notification to you and are subject to availability. Packages purchased with multiple areas in the package cannot be split over separate appointments. All prices listed in our clinics and on our website are in Australian dollars and are inclusive of any Australian Goods and Services Tax (as applicable).
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 the order. You also warrant that this payment card provides access to sufficient funds corresponding to the total cost of the order. Failing this, we reserve the right to cancel the sale. We are under no obligation to ship any goods ordered until payment in full for those goods has been received. When you make a purchase in our clinics or on our website by credit card, we may conduct a pre-authorisation on your credit or debit 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. Please note that no funds are taken from your account at pre-authorisation, but a temporary ‘hold’ is placed on them. Once we have cancelled the pre-authorisation, it may take up to 7 days for your financial institution to release the funds before you are able to access them.
Treatment Packages
The savings specified for each package are calculated on the normal per treatment price and not pre-paid prices. Clients may purchase as many treatment packages as they like however, payment must be made upfront in full prior to the first appointment and are subject to the terms of our refund policy (as specified above). The full amount of the treatment package is payable prior to the commencement of any treatments. Bookings must be made for each treatment within the package.
All treatment packages are valid for use for 12 months from the date of purchase and any treatment not used within a 12-month period will be forfeited without refund. Treatment packages are not able to be altered.
If we believe that additional treatments will reach the desired result, we will advise the client prior to the purchase of additional treatments.
Treatment package discounts are not to be used in conjunction with any other offer or promotion.
No guarantees can be made concerning the expected results. Several treatments may be necessary to complete the treatment.
Promotions and treatments are not refundable or transferable between clinics or clients. Packages are not able to be split between clients or used at any other clinic other than the clinic which it was purchased at.
A TNS therapist will advise clients on the recommended time frames for each treatment within the package purchased, however, it is the client’s responsibility to ensure they book in their treatments in advance so that there are available appointments.
Medical Disclaimer
It is the client’s responsibility to disclose all medical issues to TNS. TNS cannot be held liable for any unknown or undisclosed medical issues.
The advice or information contained within or accessible by you through our clinic or on our website or social media accounts (the “Information”) is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions or medical or dietary advice. Our treatments are best combined with a healthy balanced diet and exercise.
Please consult with your own physician or health care practitioner regarding the use of any goods, Products or information received from us before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.
Any Information made by us anywhere about our products and treatments have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, and the results reported, if any, may not necessarily occur in all individuals. The statements, products and treatments are not intended to diagnose, treat, cure or prevent any condition or disease.
Use of the Information is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any of our products, treatments or the Information before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.
While we make every effort to ensure that the Information is correct, to the extent permitted by applicable law, we do not warrant that the product or treatment descriptions, colours, ingredients, information, or other content available in our clinics on or via our website is accurate, complete, reliable, current, available or error-free. We take no responsibility for any loss or damage arising from use of information or reliance on advice.
Reference to any Products, Treatments, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TNS.
Results
The examples, predictions, and results published on our website, our social media and at our clinic are not a guarantee of results from the treatments and services provided by TNS. You acknowledge and agree that results from our procedures and services will vary and are not guaranteed as they are affected by a number of factors dependent on the individual, including (but without limiting) the genetics, previous medical conditions, previous treatments (at our clinic or other clinics) diet and exercise as well as the general health and wellbeing of a patient. Results will also vary purely based on the general genetic and biological makeup of the patient and whether they have had surgery or other treatments previously and additional treatments may be required.
You acknowledge and agree that results take time and can vary depending from individual to individual and can take up to 8 to 12 weeks to show.
Whilst all due care and skill is exercised in treating our clients ultimately it is your responsibility to determine if the product or treatment is right for you and we will not be liable if results are not as expected given that you have chosen the product or treatment.
Clients need to follow all the aftercare protocols recommended by the TNS therapist, and this may include exercise and dietary guidelines.
In order for us to provide you with a great service and outcome of your treatment it is important that you provide all information requested in completing the Consent Forms or advising us of any factors, pre-existing medical conditions, prior treatments that may affect your treatments or our dispensing of the treatment to you. You also need to have realistic expectations of the results of treatment.
If you are dissatisfied with your results or experience an adverse reaction you agree to provide us with any information requested by us so we can assess your issues, this includes the provision of photographs. If you refused our request for information it will impact on our ability to assist you.
Adverse Reaction and Allergies
You hereby acknowledge and agree that TNS and all of its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth), franchises, affiliates, officers, directors, employees and agents shall not be liable with respect to, and you hereby waive, release, and agree not to take action against any of them upon, any claim for any loss or harm suffered or incurred by you in connection with, arising out of, or in any way related to, an allergic reaction you suffer as a result of our products and treatments unless that allergic reaction is caused by our gross negligence or wilful default.
We take pride in all of our therapists and medical professionals, who are trained to the highest standard. In the unlikely event that you experience a side effect, we will require up to 12 weeks to investigate your concern. We require your full co-operation during this time, which may include weekly consultations for assessment as advised by your trained technician.
“50% Off Your First Treatment” Promotion
You acknowledge and agree that the eligibility criteria and conditions for the “50% Off Your First Treatment” promotion is as follows:
The client must be a TNS first time client.
The 50% discount applies only to full priced treatments and services only (single session and dual-zone single sessions only) and does not apply in addition to or on top of any other discount or promotion.
The client will be required to provide photo identification to our satisfaction.
No further discounts will apply on top of this promotion.
This promotion is limited to only one treatment and cannot be prepaid.
A booking in advance must be made by the client and the promotion must be mentioned prior to payment being made for the treatment.
This offer may be withdrawn at any time by us and cannot be used in conjunction with any other offer.
This offer does not apply to pre-pay package discounts.
Appointments cancelled, missed or changed without 48 hours’ notice will be deemed to have been taken and deducted from the client’s package.
Publication of Materials
You agree that we can collect, edit and process photographic images, video recordings and audio recordings and written testimonials (“the Material”) from you for the purpose of creating educational, informational and promotional material for our business, to place on our sites, website, social media platforms and on our premises and booklets and other promotional material.
To the extent that this Material contains information about your medical diagnosis and treatment, it would be regarded as sensitive data, which by law requires your explicit consent to allow us to process it.
In signing the Consent Form you acknowledge and agree this constitutes your legal consent to the publication of the Material by TNS both now and in the future. You understand TNS may, and has the right to, crop and/or collage the Material with others and understand that the Material may be transmitted over the internet.
You agree that you will follow the recommended treatment plan, outlined to you by your TNS therapist, and you will remain within 1kg range of your original recorded weight until the end of your treatment program and for the purpose of your photos. If you do not, TNS has the right to request the monies that have been outlined in the treatment plan and charge you the full treatment plan pricing.
By signing the Consent Form, you are also taken to have granted TNS the right to use the Material on its websites and in publications for use in its clinics and generally, which may include, but is not limited to media, posters, newsletters and newspapers, catalogues, video collages, etc.
You grant TNS the right to disclose the Material to third parties and other media now and in future.
You agree that by signing the Consent Form, you unconditionally and irrevocably release and forever discharge TNS, its agents, officers and employees, from any and all claims, losses, expenses, liabilities and demands arising out of or in connection with the use of the Material, including but not limited to, any and all claims for invasion of privacy, defamation, or financial compensation and you waive all moral rights that you may have in the Material.
Limitation of Liability
To the full extent permitted by law, we make no representations or warranties, express or implied, regarding any matter including merchantability, fitness for a particular purpose or use in relation to any products or treatments supplied by us.
Where legislation implies into this Agreement any condition or warranty 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: (a) replacement of the products or treatments, the repair of the products, or the supply of equivalent products or treatments; (b) repayment of any part of the price of the products or treatments supplied; or (c) payment of the costs of replacing or repairing the products or treatments, or acquiring equivalent products.
This Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any products or treatments pursuant to these terms of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or the provisions of any other statute, act or law of any State or Territory of the Commonwealth of Australia, or any other applicable territory, which by law cannot be excluded, restricted or modified.
You agree that, to the fullest extent permitted by law, we will not be responsible or liable in relation to your use of any website of TNS (the “Sites”) (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business (b) access delays or access interruptions to our website (c) data non-delivery, mis delivery, corruption, destruction or other modifications (d) computer viruses, system failures or malfunctions which may occur in connection with your use of our website, including through or in relation to a hyperlink to or from third-party websites; (e) any inaccuracies or omissions in content, or (f) events beyond our reasonable control.
You agree to defend, indemnify and hold harmless TNS (and each of their officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of: (a) your use of and access to the Sites; (b) your violation of any term of these terms and conditions or Agreement; (c) a breach of your representations and warranties set forth above regarding content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any content you submitted caused damage to a third party. This indemnification obligation will survive the termination of the Agreement and your misuse of our Sites.
Further, to the fullest extent permitted by law, we will not be liable for any indirect or consequential loss of any kind or loss of profits, revenue, loss of data, loss of goodwill, arising out of or related to the Sites or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability to you (or anyone claiming through you) exceed one hundred dollars.
Review of Terms
The Agreement is subject to change from time to time without notice. Past terms and conditions and Privacy Policies can be accessed on request by written notice to us. You can make this request by contacting us on our website.
Governing law and jurisdiction
All purchases and treatments and the terms of the Agreement are subject to the laws of New South Wales. By purchasing products or treatments from us you submit to the jurisdiction of the courts of Australia and where applicable the court of the state in which you purchase those products or treatments and you agree that any legal action will only be commenced in these forums.
General
If any provision of the Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.