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These terms of business apply to all services provided by or on behalf of Dr Michael Zacharia (ABN 97 651 504 710) (“Dr Michael Zacharia”, “we”, “us”) in the surgical practice known as Dr Michael Zacharia and Associates Practice and the non-surgical clinic known as The Medispa Clinic.
These Terms form the basis of an agreement with you, formed each time you engage us to provide Services to you, unless amended terms are provided. The Agreement will continue for the duration of that engagement unless or until terminated in accordance with this Agreement or general law.
We will provide Services to you as agreed from time to time. Requests to provide additional services will be subject to the formation of a new agreement.
Deposits, Fees, Payments and Cancellations
Non-Surgical Procedures
Booking deposits apply to Non-Surgical Procedures as follows:
Your booking will not be confirmed and we will not be obliged to perform your Non-Surgical Procedure unless or until you pay the Deposit as instructed.
Deposit payments are applied to our Fees for the Non-Surgical Procedure, or else forfeited in our accordance with our Cancellation Policy.
We will provide you with an estimate of our Fees on the phone at the time of booking.
Please note that these are an estimate only and individual treatment requirements may vary from person to person. Prices given can also vary from state to state.
We will confirm our Fees or the method of calculation of the Fees at the time of your Non-Surgical Procedure. If you request a change to your Non-Surgical Procedure (for example, you request additional product), we will advise you of the change to our Fees. By verbally accepting the Fees and consenting to the Non-Surgical Procedure, you agree to pay us the Fees.
Please note: Fees for appointments for Non-Surgical Procedures involving the injection of dermal filler are calculating using minimum 1ml units. We do not offer dermal filler in lesser units (e.g. 1/2ml). If you do not wish for the full amount to be injected, you will be charged for the minimum unit and the remainder of the product will be discarded or your doctor may suggest other areas for the product to be placed for enhancement. You are under no obligation to use the remainder of the product.
Fees for Non-Surgical Procedures must be paid on the day of your Non-Surgical Procedure, before you leave the clinic.
Payments by credit card will be subject to merchant fees (advised at the time of payment), which will be payable in addition to our Fees.
If you cancel a Non-Surgical Procedure, your Deposit will be refunded to you in full (less merchant fees, if applicable) unless your cancellation falls within the circumstances set out below, in which case your Deposit will be forfeited:
If for any reason we decided to waive our Deposit at the time of booking and you cancel your Non-Surgical Procedure in circumstances that fall within (a) – (c) above, you agree to pay the amount that would have been payable as a Deposit to us on receipt of an invoice.
Surgical Procedures
Booking deposits apply to Surgical Procedures as advised in our Quote.
Your booking will not be confirmed and we will not be obliged to perform your Surgical Procedure unless or until you pay the Deposit as instructed.
Deposit payments are applied to our Fees for the Surgical Procedure, or else forfeited in our accordance with our Cancellation Policy.
We will charge Fees for Surgeon Consults as advised to you at the time of booking.
We will provide you with an estimate of our Fees for a Surgical Procedure on the phone at the time of booking.
Please note that these are an estimate only. Procedure fees vary according to multiple factors, including the individual characteristics of the patient, the practitioner performing the procedure, the products involved, technology involved and state where the procedure is being performed.
We will confirm our Fees or the method of calculation of the Fees for a Surgical Procedure at the time of your Surgeon Consult and/or in writing following your Surgeon Consult.
You understand that in addition to our Surgeon Fee, you will also be liable to pay associated costs including hospital fees and anaesthesiologist fees, which may be payable to us or directly to the provider (Associated Costs).
By verbally accepting the Fees and consenting to the Surgical Procedure, you agree to pay the Fees and Associated Costs in accordance with these terms.
You understand and agree that Fees and Associated Costs may increase (for example, if a Surgical Procedure takes longer than anticipated due to unforeseen circumstances uncovered once the procedure has commenced) and you agree to pay all such amounts on receipt of invoice(s).
Payments for Surgeon Consults in the clinic must be paid on the day of your consult, before you leave the clinic. Payment for virtual Surgeon Consults must be paid at the time of booking.
Payment of Fees for Surgical Procedures (less Deposit paid) must be made at least 4 weeks prior to the scheduled date for the Surgical Procedure. If Associated Costs are to be paid to a third-party (for example, an anaesthesiologist) these must be paid in accordance with their directions.
If additional Fees or Associated Costs are incurred (for example, due to unforeseen circumstances as referred to in clause 7 above), payment must be made as set out in our invoice.
You acknowledge and agree that your payment in full in cleared funds is a condition of this Agreement. So, if you make a payment to an incorrect account (for example, due to fraud), you will still be liable to pay us, even if you are unable to recover the moneys paid to the incorrect account.
Payments by credit card will be subject to merchant fees (advised at the time of payment), which will be payable in addition to our Fees.
If you cancel a virtual Surgeon Consult at any time, you agree to forfeit all Fees paid in respect of the consult.
If you fail to attend a Surgeon Consult or cancel a Surgeon Consult within 24 hours of the appointment time, you agree to forfeit all Fees paid in respect of the consult.
If you cancel a Surgical Procedure, your Deposit and balance of Fees will be refunded to you in full (less merchant fees, if applicable) unless your cancellation falls within the circumstances set out below:
Your Role
You must:
Any delays in you complying with the above may delay our delivery of the Services. We will not be liable for any such delays, including delays in performing the Services while any invoice is outstanding.
Please note that if you fail to bring ID with you in accordance with this clause, we will not deliver the Services and the appointment will be deemed to have been cancelled within 24 hours for the purposes of our cancellation policy.
You must prepare for appointments as set out in this clause or as otherwise advised to you.
Patients booked for a Non-Surgical Procedure involving laser must refrain from exposing the area to be treated from the sun or applying artificial tanning product to the area to be treated for at least four (4) weeks prior to the scheduled date for the procedure.
Please note that if we are unable to perform the treatment on the day because of a failure to comply with this clause, the appointment will be deemed to have been cancelled by you within 24 hours for the purposes of our cancellation policy.
If you are attending a Surgeon Consult or visiting our clinic for a post-op appointment within 6 weeks of your Surgical Procedure, you may bring one (1) adult support person with you to your appointment.
For the health and safety of our team and patients, as well as to ensure the efficient operation of our clinic, additional support persons (such as friends or family members) may not attend with you and are not permitted inside the clinic (for example, our waiting area).
Children are not permitted within the clinic at any time under any circumstances.
Failure to adhere to this policy will be deemed a cancellation of the relevant appointment by you within 24 hours for the purposes of our cancellation policy.
While we make all reasonable efforts to ensure our team is ready for you at your scheduled appointment time, due to the nature of our work our team do sometimes run behind schedule. Please keep this in mind when booking your appointment. We reserve the right to refuse to book further appointments if you decide to leave the clinic before your appointment because your doctor or therapist is running behind schedule.
To help our team remain on time, it’s essential you arrive at or before your scheduled appointment time. Failure to attend at the clinic at the scheduled appointment time will be deemed a cancellation of the relevant appointment by you within 24 hours for the purposes of our cancellation policy.
Every patient will have photography prior to their initial consultation. In making an appointment at the clinic, patients are consenting to this part of the normal procedure of the clinic. Photographs will also be taken again when advised by the treating doctor or therapist.
Suitability for Treatment
Patients acknowledge and agree that certain medical conditions or usage of medications may prevent our staff from safely and effectively performing the Services (for example, active cold sores in the area to be treated or use of Roaccutane by laser treatment patients). In such a case:
Please note that we do not accept all patients for treatment. We may decline to provide Services to any person.
Anticipated Results Indicative Only
We do not warrant or guarantee specific outcomes. Any indications (such as an electronically generated image) are examples and must not be relied on to predict future results. Individual results may vary depending on your circumstances, including the rate at which your body heals. You agree that you have not relied on any warranty, guarantee or representation given by us in entering into this Agreement.
While we will make all medically and commercially reasonable effort to achieve the aesthetic outcome the patient requests, we do not make any guarantee in relation to the effects of any Surgical Procedure or Non-Surgical Procedure performed. Failure to achieve results alone will not give rise to a right to terminate this Agreement.
From time to time, we may make testimonials from previous patients available to access on our website. These may be comprised of a written review or can include before and after photography. Before and after and photography should not be relied upon as a guarantee of results to be achieved. Individual results may vary. Testimonials and posts either on our website or on social media represent the opinion of third-parties and do not necessary represent our opinion. We make no guarantees as to the reliability or accuracy of third-party reviews or testimonials.
You grant us permission to use and reproduce your name, details of the Services provided to you (such as rhinoplasty), photograph or likeness, as well as evidence of services delivered and results achieved, for the sole purpose of promoting our business.
We adhere to the Australian Health Practitioners Regulatory Agency (AHPRA) Guidelines for medical fees, medical advertising and marketing, which prohibit any medical service to be promoted by giving away discounts or time limited offers.
Communication
All written correspondence to our clinic and the practitioners should be via our email office@drzacharia.com.au.
Messages sent via Instagram (@drzacharia @themedispaclinic @dr_hatem_aesthetic), Facebook or Tiktok, are not monitored or answered. Please do not send queries to these accounts, as we cannot guarantee you will be responded to in a timely manner.
All clinical and medical matters are managed by our medical director, doctors and nurses.
Patient-related matters are managed by our patient coordinator and reception team members.
Practice management-related matters are looked after by the practice manager.
We have a zero-tolerance policy for racism, hate speech, threats and cyberbullying.
We reserve the right to cease the clinic/patient relationship immediately should a patient or a proxy of a patient not adhere to this policy.
Please send all feedback and complaints to office@drzacharia.com.au.
You understand and acknowledge that we have established a valuable reputation and goodwill in Australia in the cosmetic surgery and non-surgical aesthetic enhancement industry. For this reason, subject to law and your rights in connection with the enforcement of this Agreement, you are not permitted at any time to:
This clause survives termination of this Agreement.
What if…
Our experienced nurse team manage the first 4-6 weeks of your recovery. Our surgeons typically review patient progress at intervals of: 4-6 weeks, 3 months, 6 months and 1 year after the procedure. This varies depending on the procedures. Your surgeon will discuss post-operative care with you during your consult.
Additional post-operative reviews will not be conducted by our surgeons, except in the case of medical emergencies, for example vascular occlusion, wound breakdown or infection, which will be seen immediately.
Post-operative concerns such as asymmetry, typical post-treatment swelling and lumpiness will be addressed by our nurse team and will not be reviewed by a surgeon until the next scheduled appointment, unless there are signs of infections or other serious complications or otherwise advised by the surgeon.
It is your responsibility to inform us immediately if you become aware of any serious complications. Please call us with any concerns on 9192 1600 or call our after-hours phone number provided in your pre-operative consultation.
All humans are asymmetrical. While we will endeavour to improve the appearance of asymmetry if requested by you, we make no warranties, guarantees or representations in relation to symmetry.
We do not offer complimentary treatments in the case of asymmetry, whether pre- or post-operative.
If you request we provide your with Services to correct or improve post-treatment asymmetry, you will be liable to pay any Fees and Associated Costs as advised at the time of treatment.
If after undergoing a Non-Surgical Procedure involving the injection of dermal fillers at our practice you would like us to dissolve any filler, please note our policy below:
In the unlikely event of an unforeseen emergency, you will be evacuated to a hospital at the discretion of attending paramedics. Please note that you will be liable to pay all costs associated with your transfer and care directly to the providers in accordance with their usual practices.
If any amounts are not paid in accordance with these terms, we may, in our absolute discretion:
From time to time, we may list commonly associated risks for a particular procedure on our website. This does not represent an exhaustive list of risks or possible side-effects. Risks associated with our Services, such as surgery will be discussed with you in your 1:1 consultation or at the time of the provision of Services.
Nothing in this Agreement is intended to exclude any right or guarantee to which you are entitled under the Australian Consumer Law.
To the maximum extent permissible law, we exclude:
This clause will survive termination.
Unless we are required by law to provide you with a refund, or if we agree in our absolute discretion to provide a full or partial refund, our Fees will not be refunded under any circumstances (for example, if you are not satisfied with the aesthetic outcome of the treatment). Nothing in this Agreement is intended to exclude any right or guarantee to which you are entitled under the Australian Consumer Law.
We may terminate this Agreement and cease the practitioner-patient relationship at any time for any reason (including if a patient is, in the clinical opinion of the medical practitioner, unsuited for further care) on notice to you. If we do so, we will refer you to alternative doctors/therapists/clinic for treatment.
You may terminate this Agreement at any time, subject to our cancellation policies set out in these terms.
No refunds will be given, unless otherwise set out in this Agreement or required by law.
If this Agreement is terminated, all rights and obligations accrued up to the date of the Agreement are not affected. This clause, as well as any other clause which by its nature is intended to survive termination, will survive termination.
General
We may elect to change these Terms on notice to you. Changes will become effective immediately on notice, unless we set out a later date in the notice at which time the changes will become effective.
If you continue to instruct us to provide the Services after the change becomes effective, you will be deemed to have accepted the updated Terms and this Agreement will be amended accordingly.
If you have an issue with the updated Terms, please contact us to discuss a mutually acceptable resolution. Intractable issues with the updated Terms will be dealt with in accordance with the dispute resolution procedures set out in this Agreement.
We may, as part of the delivery of our Services, disclose Confidential Information to you. We may also require you to provide us with Confidential Information for the purposes of providing the services.
The parties agree that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which they have obtained, except as authorised by the other party or as required by law.
All personal information will be handled in accordance with our Privacy Policy.
This clause survives termination of this Agreement.
During the engagement, we may provide you with access to materials which are subject to Intellectual Property Rights, such as computer rendered images. You agree that we retain all right, title and interest in and to those Intellectual Property Rights.
This clause survives termination of this Agreement.
If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause.
The party claiming the dispute must first inform the other party in writing of the following:
On receipt of the notice by the other party, both parties will make every effort to resolve the dispute by mutual negotiation within 20 Business Days.
If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of New South Wales appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation. The parties agree the mediation being held virtually unless otherwise agreed.
All communications made by the parties arising out of this dispute resolution clause are confidential and to the maximum extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
This clause survives termination of this Agreement.
Time is of the essence in this Agreement. No extension or variation of this agreement will operate as a waiver of this provision.
Unless otherwise set out in this Agreement, any amendment or variation to this Agreement is not effective unless it is agreed in writing.
We may assign our rights and obligations under this Agreement in whole or in part on written notice to you.
This Agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this agreement.
If anything in this Agreement is unenforceable, illegal or void, it is severed and the rest of the Agreement remains in force.
Any waiver by any party to a breach of this Agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
Subject to the affected party providing prompt notice of the occurrence of the event to the other party, neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, provided that the loss could not have been prevented by reasonable precautions or circumvented or minimised by the non-performing party. The affected party must provide prompt notice should its performance no longer be affected by an event beyond control.
The law of New South Wales governs this Agreement and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
A notice or other communication to a party must be in writing and delivered to that party in one of the following ways:
Agreement means an agreement formed between Dr Michael Zacharia and the Patient on the terms and conditions set out in this document.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Day means a day on which banks are open for business in Sydney, other than a Saturday, Sunday or public holiday.
Dr Michael Zacharia means Michael William Zacharia trading as Dr Michael Zacharia (ABN 97 651 504 710).
Confidential information refers to any data or information relating to either party, whether business or personal, written or oral and regardless of how or when it was provided to the other party, which would reasonably be considered to be private or proprietary to the disclosing party and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the disclosing party, and includes the terms of this agreement (except to the extent that disclosure of the terms is necessary for the purpose of legal or financial advice) and the amount or method of calculation of the Fees.
Fees means the fees charged by Dr Michael Zacharia for their Services and payable by the Patient.
Intellectual Property Rights means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future (including, without limitation, business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trade marks, the right to sue for passing off and rights to use, and protect the confidentiality of, confidential information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration, as well as all digital and electronic rights.
Moral Rights means the personal rights of a creator to have his or her work attributed to them and to insist that its integrity be retained.
Non-Surgical Procedure means a procedure that is not a Surgical Procedure, and which is performed by a nurse, therapist or other suitably qualified person, such as the administration of muscle relaxants or dermal fillers or the performance of skin treatments.
Patient means the person who has requested Dr Michael Zacharia to provide Services.
Services means services we provide to you under this Agreement, which may include the performance of Surgical Procedures or Non-Surgical Procedures.
Surgeon Consult means a consultation with a Dr Michael Zacharia surgeon to assess your suitability for a Surgical Procedure.
Surgeon Fee means the amount you agree to pay to the Dr Michael Zacharia surgeon performing your Surgical Procedure for the performance of that procedure.
Surgical Procedure means a surgical procedure performed by a medical doctor and which is within the field of expertise of Dr Michael Zacharia or his associates, such as rhinoplasty or deep plane facelift surgery.
Terms means the terms and conditions set out in this document.
In the interpretation of this agreement:
You will be deemed to have accepted these Terms and entered into a binding agreement with us based on these Terms if you instruct us to provide Services to you after a copy of these Terms has been provided to you, including by being made available on our Website. We may also require you to sign a copy of the Terms or otherwise acknowledge receipt and acceptance in writing.
SIGNED by [insert patient name] in the presence of: Signature of witness
Print name of witness | ) ) | Signature Date: |
To find out more information about our procedures, or to book a consultation with one of our surgeons give us a call or complete the form.
