1. Acceptance of Terms and Updates

These Terms and Conditions (“Terms”) govern the purchase and use of any gift cards (Gift Card) issued by The One Skin Lab Pty Ltd ABN 70 654 934 139 (trading as “The One Skin Lab”, or referred to as “we”, “our”, or “us”) and bind any purchaser or user (referred to as “you” or “your”) of a Gift Card. By purchasing or using a Gift Card, you agree to these Terms.

We may update these Terms from time to time to reflect changes in law or our operational policies. Notice of the updated Terms is deemed to have been provided to you by posting the updated Terms on our website and by notifying the update to the Terms to you via the email address registered to your account, and the Terms will be effective 7 days after the date of posting/notification. Please check regularly to review the current Terms.

In the event that you do not accept the updated Terms, you should notify us within the 7-day period prior to the updated Terms becoming effective to terminate the contract between you and us, upon which we will refund the remaining balance loaded by you into the Gift Card, less any promotional or complimentary credits. Your continued use of the Gift Card after the 7-day notice period constitutes your acceptance of the updated Terms.

2. Purchase

Gift Cards can only be purchased online or at our stores. You may determine the value of the Gift Card to be purchased at purchase and pay the corresponding amount of funds to us. Once a Gift Card is purchased, the funds are non-refundable except as required by law or as provided in these Terms.

3. Redemption of The One Skin Lab’s Gift Card

The balance in your Gift Card may only be used toward purchasing eligible services provided by us. Any purchase made with a Gift Card will be deducted from your Gift Card balance at the full retail price applicable on the redemption date unless otherwise stated, and any unused Gift Card balance will remain on your Gift Card until used or the expiry date of the Gift Card, whichever is earlier.

Unless otherwise agreed by us, the expiry date of a Gift Card is the date which is 36 months from the date of initial purchase. Upon expiry, any remaining promotional or complimentary credits will be forfeited, and we reserve the right to close any associated inactive client account.

4. Store Independence and Cross-Store Redemption

You acknowledge and agree that each The One Skin Lab store operates as a separate, distinct, and independent legal and financial entity (“Issuing Store“).

When you purchase a Gift Card, the pre-paid funds are paid to, and held solely by, the specific Issuing Store where the transaction occurred. Your contractual relationship and pre-paid store credit exist exclusively with that specific Issuing Store.

For your convenience, we may permit you to present your Gift Card to redeem eligible services at other participating The One Skin Lab locations within our network (“Servicing Store“).

When you use your Gift Card at a Servicing Store:

(i)       the Servicing Store provides the service to you as an authorised service provider on behalf of, and under appointment by, your original Issuing Store;

(ii)      the corresponding service cost will be deducted from your Gift Card balance held with the Issuing Store; and

(iii)     you are not depositing funds into, nor establishing a direct financial relationship with, the Servicing Store.

Any claims regarding your pre-paid balance, disputes over funds, or requests for refunds should be directed to the Issuing Store.

To the maximum extent permitted by law, a Servicing Store is not liable for any financial obligations, stored value, refund obligations or card balance disputes relating to Gift Cards issued or loaded by another store.

5. Limitations

Except to the extent required by law, Gift Cards cannot be resold, transferred for value, used to purchase other Gift Cards, redeemed for cash, or returned for a cash refund. For the avoidance of doubt, the Gift Card may be gifted or transferred to your family and friends but not resold or transferred for value for commercial gain.

Some Gift Cards may indicate they can only be used to purchase certain products and/or services. If you purchased or use such Gift Card, you cannot use that Gift Card to purchase other products and/or services that have been excluded.

In purchasing a Gift Card, you acknowledge that these limitations have been brought to your attention before your purchase.

6. Risk of Loss

We are not responsible for any loss or damage resulting from any lost or stolen Gift Cards or use without your permission. The risk of loss and title for Gift Cards pass to the purchaser upon purchase.

We reserve the right to not allow the redeeming of services using the Gift Card in the circumstances where you are unable to present the physical card at redemption.

7. Fraud

We reserve the right to any remedy, including refusal to issue or honour a Gift Card in the event of suspected fraud based on reasonable grounds. We may require you to pay with an alternative in such event.

8. Liability

To the maximum extent permitted by law, we make no warranties, express or implied, with respect to Gift Cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. To the maximum extent permitted by law, in the event a Gift Card is non-functional, our liability is strictly limited to the replacement of such Gift Card.

In the event of a major failure under the ACL that cannot be remedied by us, our liability is strictly limited to a replacement Gift Card or a refund of the unexpired, remaining pre-paid balance on the Gift Card. This clause is not intended to affect any statutory rights you may have under relevant law.

9. Termination and Waiver

We may suspend or terminate your rights to use Gift Cards, if you materially fail to comply with these Terms, or if we have reasonable grounds to believe you have engaged in fraudulent, unlawful, or abusive behaviour affecting The One Skin Lab.

Upon termination caused by your material breach, you must cease all use of the Gift Card(s). We may claim the loss and damage occasioned by your breach of these Terms or your fraudulent, unlawful, or abusive behaviour affecting The One Skin Lab, where the remaining balance in your Gift Card may be forfeited to us as liquidated damages. You acknowledge and agree that the forfeited amount represents a genuine pre-estimated amount of our anticipated loss and damage from your breach. You agree that this is a reasonable arrangement in this context and is not intended to operate as a penalty, and does not prevent any other recovery action to be undertaken by us.

This clause 9 survives termination of these Terms and any expiration of a Gift Card.

10. Promotional and Complementary Benefits

If, in connection with your purchase or use of a Gift Card, we provide any discount, special offer, promotion, bonus value, promotional or complimentary credits, or any gifted or complimentary services (together, Promotional Benefits), then any Promotional Benefits are conditional on there being no termination under clause 9 and/or you receiving a refund (except to the extent required by law).

If a refund is approved or required by law for a Gift Card or any services purchased using a Gift Card, then, to the maximum extent permitted by law:

• any Promotional Benefits are automatically waived and/or revoked at the time of the refund; and
• the refund amount will be limited to the amount actually paid by you for the Gift Card (excluding any Promotional Benefits), less:

1. the value of any goods and/or services already redeemed or used according to the full retail price applicable on the date of redemption or use (whether in whole or in part); and
2. the value of any gifted or complimentary goods and/or services that have been provided to you.

For the avoidance of doubt, you are not entitled to any refund of any Promotional Benefits, including any discount amount, bonus value, or promotional or complimentary credits, and any such Promotional Benefits will not be included in the calculation of any refund.

This clause 10 survives termination of these Terms and any expiration of a Gift Card.

11. Exclusions and Form of Refund

Change of personnel: You acknowledge that our staff and contractors (including therapists and other personnel) may change from time to time at any store. A change of personnel at any store (including the Issuing Store or any Servicing Store) is not a reason for a refund of a Gift Card, any balance on a Gift Card, or any goods and/or services purchased using a Gift Card.

Gift Card refund vs Goods and/or Services refund:

• Gift Card refund: Any refund of a Gift Card (or any remaining balance loaded by you) will be dealt with under these Terms and, to the maximum extent permitted by law, will be provided only to the extent required by law or expressly permitted under these Terms.
• Goods and/or Services refund: If you are not satisfied with a good and/or a service that you have paid for using a Gift Card, any refund or remedy we provide for that good and/or service (to the extent required by law) may be provided as a credit to your Gift Card (or, if necessary, by issuing a replacement gift card with that credit), and will not be paid as a cash refund to you, except to the extent required by law.
• No double recovery: Any goods and/or services refund or remedy provided as gift card credit reduces any remaining balance or other entitlement you may have in relation to the same service or payment.

Relocation or Leaving Australia: A decision by you to relocate or leave Australia (temporarily or permanently) is not a reason for a refund of a Gift Card, any balance on a Gift Card, or any goods and/or services purchased using a Gift Card.

Medical advice / diagnosis after purchase:

• You acknowledge that suitability for the use of a product or a treatment may depend on your medical circumstances and may change, and you should seek appropriate medical advice before using any product and/or undergoing any treatment.
• If, after purchasing a Gift Card, purchasing a product using a Gift Card, or a service package using a Gift Card, you obtain medical advice or receive a diagnosis that makes you unsuitable to using certain product(s) and/or receiving certain treatments, this is not a reason for a credit refund or cash refund to you, except to the extent required by law.
• If you have purchased a service package and, due to medical advice or diagnosis, subsequent treatments in that package will not proceed, then (to the maximum extent permitted by law) we may provide a refund of the unused portion of that service package by crediting the value of the unused treatments to your Gift Card (or, if necessary, by issuing a replacement gift card with that credit), and not by cash refund to you.
• You acknowledge that this limitation is reasonable as there may be other products and/or services provided by The One Skin Lab which may be suitable for you for matters not affected by the medical advice or diagnosis.

Required by law: Nothing in this clause limits any rights you may have under the Australian Consumer Law that cannot be excluded; however, where we are permitted to choose a remedy, we may provide that remedy by gift card credit rather than cash payment.

This clause 11 is a condition of these Terms.

12. Privacy

Personal information collected in relation to Gift Cards will be handled in accordance with our privacy policy.

13. Governing Law

These Terms and the relationship between you and us shall be governed by the laws of New South Wales. You and we agree to submit to the personal and exclusive jurisdiction of the courts located within New South Wales and any competent courts of appeal to resolve any dispute or claim arising from these Terms.

14. Contact Information

For any questions or issues regarding your Gift Card, please contact us at info@theoneskinlab.com .