ESTETICIUM PTY LTD
Trading As: Esteticium Australia
ABN 61 675 729 245
CLIENT SERVICE AGREEMENT
&
TERMS AND CONDITIONS
Medical Travel Coordination Services
IMPORTANT — PLEASE READ CAREFULLY BEFORE SIGNING: This agreement contains important information about your rights and obligations. By signing this document, you confirm that you have read, understood, and accepted all terms contained herein. Esteticium Pty Ltd (Trading As: Esteticium Australia) is a medical travel coordination facilitator, NOT a medical provider, and does not give medical advice. Nothing in this agreement overrides your non-excludable statutory rights under the Australian Consumer Law (Competition and Consumer Act 2010, Cth).
1. DEFINITIONS
In this Agreement, the following terms have the meanings set out below:
"Esteticium Australia", "we", "us" or "our": Refers to Esteticium Pty Ltd ABN 61 675 729 245, a company registered in Australia, operating under the business name Esteticium Australia as a medical travel coordination facilitator.
"Client" or "you": The individual who engages Esteticium Australia’s coordination services and who will travel to Turkey for the purpose of undergoing a medical procedure.
"Coordination Services": The administrative and logistical services described in Section 3, including sharing of client information with Clinical Partners, booking management, and arranging accommodation and transfers. Coordination Services do NOT include the provision of medical advice, medical diagnosis, or the performance of any medical procedure.
"Clinical Partner": The independent, licensed medical doctor(s), surgeon(s), specialist(s), or hospital(s) based in Turkey with whom Esteticium Australia has a commercial referral relationship and who will perform the medical procedure(s) on the Client.
"Procedure" or "Recommended Procedure": The specific medical operation(s) or treatment(s) recommended by the Clinical Partner based on the Client’s submitted photographs, medical history and other information, and accepted by the Client in writing prior to travel.
"Package": The Full Package or Partial Package of services as described in Section 4.
"Confirmation Document": The written summary sent by Esteticium Australia to the Client prior to travel, setting out the Clinical Partner’s details, hospital name, accommodation details, itemised pricing, and the specific Procedure(s) to be performed. The Confirmation Document is a separate document that must be signed by the Client in addition to this Agreement and forms an inseparable part of this Agreement.
"Deposit": The non-refundable upfront payment made by the Client to Esteticium Australia to confirm and secure the booking.
"Balance Payment": The remaining amount after deducting the Deposit from the total Package price, payable directly to the Clinical Partner or hospital in Turkey on the day of surgery or as otherwise agreed in writing.
"ACL": Schedule 2 of the Competition and Consumer Act 2010 (Cth), being the Australian Consumer Law, which provides consumers in Australia with certain fundamental statutory guarantees that cannot be excluded by contract.
2. NATURE OF ESTETICIUM AUSTRALIA’S ROLE — FACILITATOR ONLY
CRITICAL NOTICE: Esteticium Australia is SOLELY a medical travel coordination facilitator. Esteticium Australia is NOT a medical practitioner, hospital, clinic, health service provider, or medical advisor. Esteticium Australia does NOT provide medical advice, medical opinions, diagnoses, or treatment recommendations. All Procedure recommendations are made solely and exclusively by the independent Clinical Partner based on the information provided by the Client.
2.1 Esteticium Australia acts solely as an intermediary and coordinator between the Client and independent Clinical Partners located in Turkey.
2.2 Esteticium Australia’s role is limited to: (a) collecting and forwarding the Client’s photographs, medical history, and relevant health information to the Clinical Partner; (b) communicating the Clinical Partner’s Procedure recommendation to the Client; (c) liaising with the Clinical Partner to arrange logistical services such as transport, accommodation, and scheduling; (d) providing the Client with the Confirmation Document.
2.3 Esteticium Australia does not assess, verify, endorse, guarantee, or take responsibility for any Procedure recommendation made by a Clinical Partner.
Esteticium Australia warrants that it has undertaken reasonable due diligence in selecting, reviewing and monitoring its Clinical Partners, including verification of current licensing, accreditation, qualifications, professional standing and regulatory compliance in the relevant jurisdiction.
2.4 The Client acknowledges that the selection of the Clinical Partner and the acceptance of any Recommended Procedure is entirely the Client’s own voluntary decision, made at the Client’s own risk.
2.5 Nothing in this Agreement constitutes a referral under Australian health legislation. Esteticium Australia is not a regulated healthcare referral service and does not hold any AHPRA (Australian Health Practitioner Regulation Agency) registration. Nothing in this Agreement excludes Esteticium Australia’s responsibility for negligent misrepresentation, misleading or deceptive conduct, failure to exercise due care and skill, or any liability arising under the Australian Consumer Law.
3. COORDINATION SERVICES
3.1 Information Gathering
Prior to making any booking, Esteticium Australia will collect from the Client:
• Photographs relevant to the intended procedure;
• A completed medical history questionnaire;
• Details of current medications, allergies, and pre-existing health conditions;
• Details of previous surgeries or medical procedures; and
• Answers to any further questions reasonably requested by the Clinical Partner.
The Client is solely responsible for ensuring all information provided is accurate, complete, and up-to-date. Providing false, misleading, or incomplete information may result in inappropriate Procedure recommendations and could endanger the Client’s health. Esteticium Australia accepts no liability for any consequence arising from the Client’s provision of inaccurate or incomplete information.
3.2 Clinical Partner Liaison
Esteticium Australia will share the Client’s information with the Clinical Partner solely for the purpose of enabling the Clinical Partner to formulate a Procedure recommendation. Following receipt of the recommendation, Esteticium Australia will communicate it to the Client together with: (a) the name and qualifications of the Clinical Partner; (b) the name and location of the hospital or clinic; and (c) the total estimated cost. Esteticium Australia is not responsible for the accuracy of the Clinical Partner’s recommendation, nor for any errors or omissions in the Clinical Partner’s assessment.
Esteticium Australia will take reasonable steps to verify the accuracy of all material information communicated to the Client, including practitioner qualifications, clinic accreditation, and quoted pricing.
3.3 Booking and Logistics
Upon the Client’s written acceptance of the Recommended Procedure and payment of the Deposit, Esteticium Australia will arrange the following (subject to the Package selected):
• Scheduling of the Procedure with the Clinical Partner;
• Hotel accommodation;
• VIP transfer (airport – hotel – hospital/clinic); and
• One (1) companion’s accommodation and transfer included in the Full Package price.
3.4 Pre-Departure Online Consultation
Esteticium Australia offers the Client the opportunity to arrange an online (video) consultation with the Clinical Partner prior to travelling to Turkey. Through this consultation, the Client may obtain full details of the planned Procedure directly from the doctor, ask any questions, and learn about the hospital and treating physician.
Whether or not to take advantage of this online consultation is entirely the Client’s own decision and responsibility. Failure to utilise this opportunity does not constitute grounds for the Client to later claim that information was not provided or was unknown prior to the in-person consultation with the doctor in Turkey. By signing this Agreement, the Client confirms that all information made available prior to travel is considered sufficient.
4. SERVICE PACKAGES
4.1 Full Package
The Full Package includes all of the following as confirmed in the Confirmation Document:
• VIP transfer for the approved procedure (airport – hotel – hospital);
• Hospital and hotel accommodation for the approved duration;
• Anaesthesia fees for the approved procedure;
• Clinical Partner (surgeon/specialist) professional fees for the approved procedure;
• Medications and medical supplies approved and prescribed by the Clinical Partner as clinically necessary for the approved procedure;
• Accommodation and transfer costs (airport – hotel – hospital) for one (1) accompanying companion for the approved procedure.
International airfares, personal expenses, post-discharge medications, additional nights not included in the Confirmation Document, and costs arising from complications requiring extended care are NOT included in the Full Package price and are the sole responsibility of the Client.
4.2 Companion Terms and Conditions
The Full Package includes accommodation and transfer costs for one (1) companion. The following conditions apply to the companion:
• The companion is not a party to this Agreement and is solely responsible for their own actions, decisions, and negligence;
• Esteticium Australia accepts no liability for any accident, injury, health issue, loss of personal property, or other adverse event experienced by the companion in Turkey or during travel;
• The companion’s visa, passport, insurance, and travel preparation obligations are entirely the responsibility of the Client and/or the companion;
• Esteticium Australia strongly recommends that separate travel and health insurance be obtained for the companion, however this decision rests entirely with the Client and/or the companion;
• The companion’s accommodation and transfer is limited to the duration and scope specified in the Confirmation Document; any costs beyond this scope are the companion’s or Client’s responsibility.
4.3 Changes Following Physical Examination in Turkey
Following the Client’s arrival in Turkey, the Clinical Partner may conduct an in-person physical examination which could result in changes to the originally planned Procedure or a recommendation for an additional procedure. In such cases:
• Any change or additional procedure recommended by the Clinical Partner will be communicated to the Client clearly and separately;
• Any additional costs arising from a change or additional procedure are the sole responsibility of the Client and are not included in the existing Package price;
• The Client is free to accept or decline any recommended change or additional procedure; however, Esteticium Australia cannot be held responsible for the consequences of declining a procedure that the Clinical Partner has assessed as medically necessary.
4.4 Partial Package
Clients may elect to arrange certain components independently (for example, hotel accommodation or airport transfer). In such cases, Esteticium Australia will coordinate only those elements selected by the Client and specified in the Confirmation Document. The Client acknowledges that independently arranged components are entirely the Client’s own responsibility and Esteticium Australia has no liability in relation to those components.
4.5 Package Confirmation
The exact scope of services included in the Client’s Package will be set out in the Confirmation Document provided to the Client prior to payment of the Deposit. The Confirmation Document, once separately signed by the Client, forms an inseparable part of this Agreement.
5. PRICING AND PAYMENT
5.1 Pricing
All pricing is set out in the Confirmation Document. Prices may be quoted in Australian Dollars (AUD), Turkish Lira (TRY), Euro (EUR), US Dollars (USD), or another currency as agreed in writing. Esteticium Australia is not responsible for currency fluctuations between the time of quoting and the time of payment; this applies to both the Deposit paid to Esteticium Australia and the Balance Payment to be made to the Clinical Partner in Turkey.
5.2 Deposit
5.2.1 A non-refundable Deposit is required to confirm any booking. The Deposit amount will be specified in the invoice issued by Esteticium Australia.
5.2.2 Unless otherwise agreed in writing, payment of the Deposit is due within seven (7) days of the invoice date.
5.2.3 No booking will be confirmed or scheduling commenced until the Deposit has been received in full.
5.2.4 The Deposit is a payment made to Esteticium Pty Ltd and covers Esteticium Australia’s coordination and administrative service costs. It is not a payment for, or guarantee of, any medical services.
5.3 Balance Payment
The Balance Payment (being the total Package price less the Deposit) is payable directly by the Client to the Clinical Partner or hospital in Turkey on the day of surgery (or as otherwise specified in the Confirmation Document). Esteticium Australia is not a party to this payment and does not hold or receive the Balance Payment.
5.4 Refund and Non-Refundable Deposit Policy
The Deposit paid to Esteticium Australia is strictly non-refundable in all circumstances, including but not limited to:
• The Client’s voluntary cancellation of the booking at any time;
• The Client’s decision not to proceed with the Recommended Procedure after acceptance;
• The Client’s failure to obtain a visa or travel authority;
• Any change in the Client’s health status or medical fitness for the Procedure;
• Flight cancellations, delays, or travel disruptions; or
• Any Force Majeure Event as described in Section 12.
This non-refundable policy reflects costs already incurred by Esteticium Australia in providing coordination services including Clinical Partner liaison, scheduling, and administrative processing. The Client’s obligation to pay the Deposit is absolute and unconditional and cannot be set off against any other claim the Client may have or allege against Esteticium Australia.
The Deposit Is Refundable Where:
· Esteticium Australia or the Clinical Partner cancels the booking without providing a reasonable alternative;
· neither the clinical partner nor any alternative clinical partner is able to perform the agreed procedure for any reason."
· The client cancels only if a serious medical condition or medically supported contraindication renders the client medically unfit to travel, on the scheduled date, as confirmed by a registered medical practitioner. The client must provide satisfactory medical evidence, and Esteticium may reasonably determine if that evidence meets this standard.
5.5 Australian Consumer Law — Statutory Rights
Nothing in this Section 5 is intended to exclude, restrict, or modify any non-excludable right or guarantee available to the Client under the Australian Consumer Law. Where the ACL provides a statutory remedy that cannot be excluded by contract, such remedy remains available to the Client in accordance with the ACL.
6. CLIENT OBLIGATIONS AND REPRESENTATIONS
By entering into this Agreement, the Client represents, warrants, and agrees to:
• Provide accurate, complete, and honest information in the medical history questionnaire and in all communications with Esteticium Australia and the Clinical Partner, and to promptly notify Esteticium Australia of any change in health status;
• Consult with their own independent general practitioner or specialist in Australia prior to travel, to assess medical fitness for the Recommended Procedure and for international travel post-procedure;
• Esteticium Australia strongly recommends that the Client obtain comprehensive travel and health insurance prior to departure, covering surgical complications, medical evacuation to Australia, and extended overseas hospitalisation. The Client acknowledges that standard Australian Medicare and most private health insurance policies may not cover treatment received overseas. Whether or not to obtain insurance is entirely the Client’s own responsibility;
• Read and retain a copy of the Confirmation Document and all pre-operative instructions provided by the Clinical Partner;
• Comply with all pre-operative instructions issued by the Clinical Partner, including restrictions on diet, alcohol, smoking, and medication;
• Comply with all post-operative care instructions issued by the Clinical Partner before departure from Turkey;
• Disclose to the Clinical Partner all medications, supplements, herbal remedies, and health conditions, including conditions not directly related to the Procedure;
• Hold a valid passport and any required visa for entry into Turkey;
• Be responsible for arranging and meeting the cost of any post-operative follow-up treatment or care required in Australia after returning home;
• Act lawfully at all times and comply with all applicable Australian laws and, during the period spent in Turkey, with all applicable Turkish laws and regulations, including visa conditions, health declarations, and local regulations.
7. MEDICAL DISCLAIMER AND INFORMED CONSENT
ALL MEDICAL PROCEDURES CARRY INHERENT RISKS. The Client acknowledges that: (a) Esteticium Australia has not provided any medical advice; (b) the Recommended Procedure was determined solely by the Clinical Partner; (c) medical outcomes cannot be guaranteed by any party; and (d) the Client accepts all medical risks associated with the Procedure.
7.1 The Client acknowledges and agrees that:
• The Clinical Partner’s Procedure recommendation is based solely on the information and materials submitted by the Client; Esteticium Australia has played no part in formulating that recommendation;
• All medical procedures, including cosmetic and elective surgeries, carry inherent risks including but not limited to: anaesthetic reactions, bleeding, infection, scarring, nerve damage, asymmetry, unsatisfactory aesthetic outcome, need for revision surgery, and in rare cases serious injury or death;
• Medical standards, regulations, and legal obligations applicable to healthcare providers in Turkey may differ from those in Australia;
• The Client may not have access to the same legal remedies under Turkish law as would be available against an Australian-registered medical practitioner under Australian law;
• The Clinical Partner’s qualifications and credentials have been represented to Esteticium Australia, but Esteticium Australia cannot independently verify or guarantee the accuracy of such representations;
• The Client has had the opportunity to seek independent medical advice in Australia prior to agreeing to the Recommended Procedure and prior to signing this Agreement.
7.2 By signing this Agreement, the Client confirms informed consent to:
• Travel overseas for the purpose of undergoing the Recommended Procedure;
• Undergo the Recommended Procedure at their own risk; and
• Accept the inherent risks of the Procedure as described in the Clinical Partner’s pre-operative disclosure, which the Client will receive and sign separately.
7.3 The Client acknowledges that no warranty, representation, or guarantee has been made by Esteticium Australia as to any surgical outcome, aesthetic result, recovery time, or post-operative complication rate. Results shown in testimonials, before-and-after images, or other marketing materials are individual results and are not indicative of typical outcomes.
8. LIMITATION OF LIABILITY
8.1 Esteticium Australia’s liability to the Client is strictly limited to the Coordination Services described in Section 3 of this Agreement.
8.2 To the maximum extent permitted by law, Esteticium Australia excludes all liability for:
• The acts, omissions, negligence, misconduct, or errors of any Clinical Partner, hospital, clinic, anaesthetist, or other medical professional;
• Any medical outcome, complication, adverse event, injury, or death arising from the Procedure, whether caused by the Clinical Partner, the hospital, or any other third party;
• Any loss, damage, or injury arising from the Client’s failure to provide accurate or complete medical information;
• Any loss, damage, or injury arising from the Client’s failure to follow pre-operative or post-operative instructions;
• Travel disruptions, flight cancellations, visa refusals, or any other events outside Esteticium Australia’s control;
• Hotel, accommodation, or transport services provided by third-party service providers;
• Loss of personal property, theft, or damage occurring during travel or the medical trip;
• Any indirect, consequential, special, or punitive loss or damage of any kind, including loss of income, loss of enjoyment, or psychological distress;
• Any accident, injury, death, or property damage occurring during VIP transfer services (including airport – hotel – hospital/clinic transfers), whether or not involving a vehicle. Transfer operations are carried out by independent third-party providers and Esteticium Australia bears no responsibility for incidents arising during those services;
• Any injury, accident, fall, slip, poisoning, burn, or other incident suffered by the Client or companion at the hotel, clinic, or hospital (including corridors, stairs, bathrooms, waiting areas, and other common areas). These premises are operated by independent third-party operators and their safety is not within Esteticium Australia’s control;
• Any other claim arising from circumstances beyond Esteticium Australia’s reasonable control.
8.3 Where Esteticium Australia’s liability cannot be excluded under the ACL or any other applicable law, Esteticium Australia’s liability is limited, at Esteticium Australia’s election, to: (a) the re-supply of the relevant Coordination Services; or (b) the payment of the cost of having equivalent coordination services supplied again. In no event will Esteticium Australia’s total aggregate liability exceed the amount of the Deposit actually paid by the Client to Esteticium Australia for the specific booking to which the claim relates.
8.4 The Client acknowledges that Esteticium Australia is not responsible for, and has no control over, the quality, safety, or outcome of any medical procedure performed by the Clinical Partner.
8.5 Nothing in this Section 8 excludes or limits Esteticium Australia’s liability for: (a) fraud or fraudulent misrepresentation by Esteticium Australia; (b) death or personal injury caused by Esteticium Australia’s own proven negligence (as distinct from the negligence of the Clinical Partner or other third parties); or (c) any liability that cannot lawfully be excluded or limited under the ACL.
9. INDEMNITY
The Client agrees to indemnify, defend, and hold harmless Esteticium Pty Ltd, its directors, officers, employees, contractors, and agents from and against any claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable legal costs) arising out of or in connection with:
• The Client’s breach of any term of this Agreement;
• Any inaccuracy or omission in the medical information or other information provided by the Client;
• The Client’s failure to follow medical or post-operative instructions issued by the Clinical Partner;
• The Client’s own negligence or wilful misconduct; or
• Any claim brought by a third party arising from the Client’s conduct.
This indemnity does not apply to the extent that the relevant loss or damage is caused by Esteticium Australia’s own negligence or wilful misconduct.
10. PRIVACY AND PERSONAL DATA
10.1 Esteticium Australia collects, uses, and stores the Client’s personal information (including sensitive health information) in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
10.2 By entering into this Agreement, the Client expressly consents to Esteticium Australia disclosing the Client’s personal and health information to the following third parties, to the extent necessary to provide the Coordination Services:
• The Clinical Partner (surgeon, specialist, anaesthetist);
• The hospital or clinic where the Procedure will be performed;
• Hotel and accommodation providers;
• Transfer and transport service providers; and
• Any other service provider directly involved in the Client’s Package.
10.3 Esteticium Australia will take reasonable steps to ensure that third parties to whom Client information is disclosed handle that information in a manner consistent with the Privacy Act 1988 (Cth). The Client acknowledges that information shared with Clinical Partners and service providers in Turkey is subject to Turkish privacy law, which may differ from Australian law.
10.4 Esteticium Australia will not sell, rent, or commercialise the Client’s personal information.
10.5 The Client may request access to or correction of their personal information by contacting Esteticium Australia at info@esteticium.com.au.
11. TESTIMONIALS AND MARKETING MATERIAL
11.1 Any before-and-after photographs, client testimonials, reviews, or case studies published on Esteticium Australia’s website or social media platforms relate to real clients who have used Esteticium Australia’s services and/or those of its Clinical Partners, and are published with those clients’ consent.
11.2 Medical results depicted in testimonials or marketing materials (including weight loss outcomes, aesthetic improvements, hair transplant results, or cosmetic enhancements) are individual results, are not guaranteed, and are not indicative of typical or average outcomes. Individual results will vary depending on the Client’s individual health status, anatomy, lifestyle, and compliance with post-operative instructions.
11.3 Esteticium Australia makes no warranty or guarantee regarding the outcome of any planned procedure or surgery. Nothing in any marketing or advertising material constitutes a guarantee of any result.
12. CANCELLATION, POSTPONEMENT AND FORCE MAJEURE
12.1 Cancellation by Client
If the Client cancels the booking for any reason at any time after payment of the Deposit:
• The Deposit is non-refundable in all circumstances (see Section 5.4);
• Any costs already incurred by Esteticium Australia on the Client’s behalf with third-party providers (including accommodation or transport bookings) are the Client’s responsibility and may be recovered from the Client; and
• The Client acknowledges that third-party providers may impose their own separate cancellation fees.
12.2 Cancellation or Postponement by Clinical Partner
In the event that the Clinical Partner postpones or cancels the Procedure for medical, administrative, or operational reasons, Esteticium Australia will use reasonable efforts to assist the Client in rescheduling. Esteticium Australia is not liable for any loss, cost, or inconvenience resulting from a postponement or cancellation initiated by the Clinical Partner or hospital.
12.3 Force Majeure
Esteticium Australia will not be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is caused by a Force Majeure Event, meaning any event beyond Esteticium Australia’s reasonable control, including but not limited to: acts of God, natural disasters, pandemic or epidemic, government travel restrictions or advisories, war, civil unrest, terrorist acts, strikes, or border closures. Esteticium Australia will notify the Client as soon as practicable and will use reasonable efforts to reschedule affected services.
13. TRAVEL AND HEALTH INSURANCE
IMPORTANT NOTICE: Esteticium Australia strongly recommends that the Client obtain comprehensive travel and health insurance prior to departure, covering surgical complications, post-operative treatment, medical evacuation to Australia, and extended hospitalisation. Whether or not to obtain insurance is entirely the Client’s own responsibility. Standard Australian Medicare and most private health insurance policies do NOT cover treatment received overseas.
13.1 Whether to obtain travel and health insurance is entirely the Client’s own choice and responsibility. Esteticium Australia makes this recommendation only and does not impose any obligation in this regard.
13.2 Esteticium Australia does not sell, arrange, or guarantee any insurance product.
13.3 The Client’s failure to obtain adequate insurance does not reduce or limit Esteticium Australia’s exclusions and limitations of liability under this Agreement.
14. COMPLAINTS AND DISPUTE RESOLUTION
14.1 If the Client has a complaint relating to Esteticium Australia’s Coordination Services, the Client must notify Esteticium Australia in writing at info@esteticium.com.au within thirty (30) days of the event giving rise to the complaint.
14.2 Esteticium Australia will acknowledge receipt of the complaint within five (5) business days and will use reasonable efforts to respond substantively within twenty-one (21) business days.
14.3 If the complaint is not resolved through the internal process, either party may refer the dispute to mediation conducted by a mutually agreed accredited mediator. Mediation may be conducted in Victoria or such other Australian state as the parties may agree. The costs of mediation will be shared equally unless otherwise agreed.
14.4 If mediation does not resolve the dispute, either party may pursue the matter through the courts of Victoria or such other forum as may be required under the ACL. Esteticium Australia’s registered office is located in Melbourne, Victoria; however, as Esteticium Australia operates nationally across Australia, applicable Commonwealth legislation applies in all cases.
14.5 This Section 14 does not limit the Client’s right to make a complaint to the Australian Competition and Consumer Commission (ACCC) or any relevant state-based consumer protection authority.
14.6 Any claim against Esteticium Australia must be commenced within the period required by applicable Australian law. Nothing in this clause limits the Client’s rights under the ACL, including the applicable statutory limitation periods.
14.7 Post-Return Support
If the Client experiences any issue related to the Procedure after returning to Australia, Esteticium Australia will make reasonable efforts to maintain communication between the Client and the Clinical Partner and to assist in resolving the issue. This support includes facilitating written or video communication with the Clinical Partner, assisting with the forwarding of relevant medical records, and providing general coordination between the parties. However, this support does not constitute a guarantee or assumption of liability; the terms and liability limitations set out in this Agreement remain in full force in all circumstances. Esteticium Australia cannot control the medical decisions made by the Clinical Partner or the outcome of any procedure and cannot assume legal responsibility in connection therewith.
15. GOVERNING LAW AND JURISDICTION
This Agreement is governed by and construed in accordance with the laws of Victoria, Australia, and the applicable laws of the Commonwealth of Australia (including the ACL). The parties submit to the non-exclusive jurisdiction of the courts of Victoria for resolution of any disputes arising under this Agreement. Note: Esteticium Australia’s registered office is located in Melbourne, Victoria. As Esteticium Australia operates nationally, legal proceedings may also be initiated in the state in which the Client is located, in accordance with applicable Commonwealth and local court rules.
16. GENERAL PROVISIONS
16.1 Entire Agreement: This Agreement (including the Confirmation Document) constitutes the entire agreement between Esteticium Australia and the Client and supersedes all prior representations, discussions, or agreements.
16.2 Modifications: Esteticium Australia reserves the right to update or modify these Terms and Conditions at any time. Clients will be notified of any material changes. The version in effect at the time of signing governs the specific booking.
16.3 Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable under any applicable law, that provision will be severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
16.4 Waiver: Esteticium Australia’s failure to enforce any provision of this Agreement does not constitute a waiver of its right to enforce that provision in the future.
16.5 Assignment: Esteticium Australia may assign its rights and obligations under this Agreement to any successor entity or related company. The Client may not assign this Agreement without Esteticium Australia’s prior written consent.
16.6 Relationship of Parties: Nothing in this Agreement creates any partnership, joint venture, employment, or agency relationship between Esteticium Australia and the Client, or between Esteticium Australia and any Clinical Partner.
16.7 No Medical Advice: Nothing in any communication from Esteticium Australia, whether oral, written, or digital, constitutes medical advice. The Client must seek independent medical advice from a qualified and registered Australian medical practitioner before making any decision to undergo any medical procedure.
15.Contact Information:
For all enquiries, please contact Esteticium Australia:
Esteticium Pty Ltd | Trading As: Esteticium Australia | ABN 61 675 729 245
Email: info@esteticium.com.au
Phone: 1300 643 394
Web: www.esteticium.com.au
CLIENT ACKNOWLEDGEMENT AND SIGNATURE
By signing below, I confirm that: (1) I have read and understood this entire Agreement; (2) I have had the opportunity to seek independent legal and medical advice; (3) I understand that Esteticium Australia is a coordination facilitator only and not a medical provider; (4) I accept all terms and conditions set out in this Agreement; (5) I consent to the collection, use, and disclosure of my personal and health information as described in Section 10; (6) I understand that the opportunity to arrange an online consultation with the Clinical Partner prior to travelling to Turkey has been made available to me and that whether or not to use this opportunity is entirely my own responsibility.
Signature: _____________________________ Date of Birth: ________________________
Esteticium Pty Ltd (Trading As: Esteticium Australia) | Authorised Representative
Full Name: _______________________ Signature: _______________________ Date: ___________
1. DEFINITIONS
In this Agreement, the following terms have the meanings set out below:
"Esteticium Australia", "we", "us" or "our": Refers to Esteticium Pty Ltd ABN 61 675 729 245, a company registered in Australia, operating under the business name Esteticium Australia as a medical travel coordination facilitator.
"Client" or "you": The individual who engages Esteticium Australia’s coordination services and who will travel to Turkey for the purpose of undergoing a medical procedure.
"Coordination Services": The administrative and logistical services described in Section 3, including sharing of client information with Clinical Partners, booking management, and arranging accommodation and transfers. Coordination Services do NOT include the provision of medical advice, medical diagnosis, or the performance of any medical procedure.
"Clinical Partner": The independent, licensed medical doctor(s), surgeon(s), specialist(s), or hospital(s) based in Turkey with whom Esteticium Australia has a commercial referral relationship and who will perform the medical procedure(s) on the Client.
"Procedure" or "Recommended Procedure": The specific medical operation(s) or treatment(s) recommended by the Clinical Partner based on the Client’s submitted photographs, medical history and other information, and accepted by the Client in writing prior to travel.
"Package": The Full Package or Partial Package of services as described in Section 4.
"Confirmation Document": The written summary sent by Esteticium Australia to the Client prior to travel, setting out the Clinical Partner’s details, hospital name, accommodation details, itemised pricing, and the specific Procedure(s) to be performed. The Confirmation Document is a separate document that must be signed by the Client in addition to this Agreement and forms an inseparable part of this Agreement.
"Deposit": The non-refundable upfront payment made by the Client to Esteticium Australia to confirm and secure the booking.
"Balance Payment": The remaining amount after deducting the Deposit from the total Package price, payable directly to the Clinical Partner or hospital in Turkey on the day of surgery or as otherwise agreed in writing.
"ACL": Schedule 2 of the Competition and Consumer Act 2010 (Cth), being the Australian Consumer Law, which provides consumers in Australia with certain fundamental statutory guarantees that cannot be excluded by contract.
2. NATURE OF ESTETICIUM AUSTRALIA’S ROLE — FACILITATOR ONLY
CRITICAL NOTICE: Esteticium Australia is SOLELY a medical travel coordination facilitator. Esteticium Australia is NOT a medical practitioner, hospital, clinic, health service provider, or medical advisor. Esteticium Australia does NOT provide medical advice, medical opinions, diagnoses, or treatment recommendations. All Procedure recommendations are made solely and exclusively by the independent Clinical Partner based on the information provided by the Client.
2.1 Esteticium Australia acts solely as an intermediary and coordinator between the Client and independent Clinical Partners located in Turkey.
2.2 Esteticium Australia’s role is limited to: (a) collecting and forwarding the Client’s photographs, medical history, and relevant health information to the Clinical Partner; (b) communicating the Clinical Partner’s Procedure recommendation to the Client; (c) liaising with the Clinical Partner to arrange logistical services such as transport, accommodation, and scheduling; (d) providing the Client with the Confirmation Document.
2.3 Esteticium Australia does not assess, verify, endorse, guarantee, or take responsibility for any Procedure recommendation made by a Clinical Partner.
Esteticium Australia warrants that it has undertaken reasonable due diligence in selecting, reviewing and monitoring its Clinical Partners, including verification of current licensing, accreditation, qualifications, professional standing and regulatory compliance in the relevant jurisdiction.
2.4 The Client acknowledges that the selection of the Clinical Partner and the acceptance of any Recommended Procedure is entirely the Client’s own voluntary decision, made at the Client’s own risk.
2.5 Nothing in this Agreement constitutes a referral under Australian health legislation. Esteticium Australia is not a regulated healthcare referral service and does not hold any AHPRA (Australian Health Practitioner Regulation Agency) registration. Nothing in this Agreement excludes Esteticium Australia’s responsibility for negligent misrepresentation, misleading or deceptive conduct, failure to exercise due care and skill, or any liability arising under the Australian Consumer Law.
3. COORDINATION SERVICES
3.1 Information Gathering
Prior to making any booking, Esteticium Australia will collect from the Client:
• Photographs relevant to the intended procedure;
• A completed medical history questionnaire;
• Details of current medications, allergies, and pre-existing health conditions;
• Details of previous surgeries or medical procedures; and
• Answers to any further questions reasonably requested by the Clinical Partner.
The Client is solely responsible for ensuring all information provided is accurate, complete, and up-to-date. Providing false, misleading, or incomplete information may result in inappropriate Procedure recommendations and could endanger the Client’s health. Esteticium Australia accepts no liability for any consequence arising from the Client’s provision of inaccurate or incomplete information.
3.2 Clinical Partner Liaison
Esteticium Australia will share the Client’s information with the Clinical Partner solely for the purpose of enabling the Clinical Partner to formulate a Procedure recommendation. Following receipt of the recommendation, Esteticium Australia will communicate it to the Client together with: (a) the name and qualifications of the Clinical Partner; (b) the name and location of the hospital or clinic; and (c) the total estimated cost. Esteticium Australia is not responsible for the accuracy of the Clinical Partner’s recommendation, nor for any errors or omissions in the Clinical Partner’s assessment.
Esteticium Australia will take reasonable steps to verify the accuracy of all material information communicated to the Client, including practitioner qualifications, clinic accreditation, and quoted pricing.
3.3 Booking and Logistics
Upon the Client’s written acceptance of the Recommended Procedure and payment of the Deposit, Esteticium Australia will arrange the following (subject to the Package selected):
• Scheduling of the Procedure with the Clinical Partner;
• Hotel accommodation;
• VIP transfer (airport – hotel – hospital/clinic); and
• One (1) companion’s accommodation and transfer included in the Full Package price.
3.4 Pre-Departure Online Consultation
Esteticium Australia offers the Client the opportunity to arrange an online (video) consultation with the Clinical Partner prior to travelling to Turkey. Through this consultation, the Client may obtain full details of the planned Procedure directly from the doctor, ask any questions, and learn about the hospital and treating physician.
Whether or not to take advantage of this online consultation is entirely the Client’s own decision and responsibility. Failure to utilise this opportunity does not constitute grounds for the Client to later claim that information was not provided or was unknown prior to the in-person consultation with the doctor in Turkey. By signing this Agreement, the Client confirms that all information made available prior to travel is considered sufficient.
4. SERVICE PACKAGES
4.1 Full Package
The Full Package includes all of the following as confirmed in the Confirmation Document:
• VIP transfer for the approved procedure (airport – hotel – hospital);
• Hospital and hotel accommodation for the approved duration;
• Anaesthesia fees for the approved procedure;
• Clinical Partner (surgeon/specialist) professional fees for the approved procedure;
• Medications and medical supplies approved and prescribed by the Clinical Partner as clinically necessary for the approved procedure;
• Accommodation and transfer costs (airport – hotel – hospital) for one (1) accompanying companion for the approved procedure.
International airfares, personal expenses, post-discharge medications, additional nights not included in the Confirmation Document, and costs arising from complications requiring extended care are NOT included in the Full Package price and are the sole responsibility of the Client.
4.2 Companion Terms and Conditions
The Full Package includes accommodation and transfer costs for one (1) companion. The following conditions apply to the companion:
• The companion is not a party to this Agreement and is solely responsible for their own actions, decisions, and negligence;
• Esteticium Australia accepts no liability for any accident, injury, health issue, loss of personal property, or other adverse event experienced by the companion in Turkey or during travel;
• The companion’s visa, passport, insurance, and travel preparation obligations are entirely the responsibility of the Client and/or the companion;
• Esteticium Australia strongly recommends that separate travel and health insurance be obtained for the companion, however this decision rests entirely with the Client and/or the companion;
• The companion’s accommodation and transfer is limited to the duration and scope specified in the Confirmation Document; any costs beyond this scope are the companion’s or Client’s responsibility.
4.3 Changes Following Physical Examination in Turkey
Following the Client’s arrival in Turkey, the Clinical Partner may conduct an in-person physical examination which could result in changes to the originally planned Procedure or a recommendation for an additional procedure. In such cases:
• Any change or additional procedure recommended by the Clinical Partner will be communicated to the Client clearly and separately;
• Any additional costs arising from a change or additional procedure are the sole responsibility of the Client and are not included in the existing Package price;
• The Client is free to accept or decline any recommended change or additional procedure; however, Esteticium Australia cannot be held responsible for the consequences of declining a procedure that the Clinical Partner has assessed as medically necessary.
4.4 Partial Package
Clients may elect to arrange certain components independently (for example, hotel accommodation or airport transfer). In such cases, Esteticium Australia will coordinate only those elements selected by the Client and specified in the Confirmation Document. The Client acknowledges that independently arranged components are entirely the Client’s own responsibility and Esteticium Australia has no liability in relation to those components.
4.5 Package Confirmation
The exact scope of services included in the Client’s Package will be set out in the Confirmation Document provided to the Client prior to payment of the Deposit. The Confirmation Document, once separately signed by the Client, forms an inseparable part of this Agreement.
5. PRICING AND PAYMENT
5.1 Pricing
All pricing is set out in the Confirmation Document. Prices may be quoted in Australian Dollars (AUD), Turkish Lira (TRY), Euro (EUR), US Dollars (USD), or another currency as agreed in writing. Esteticium Australia is not responsible for currency fluctuations between the time of quoting and the time of payment; this applies to both the Deposit paid to Esteticium Australia and the Balance Payment to be made to the Clinical Partner in Turkey.
5.2 Deposit
5.2.1 A non-refundable Deposit is required to confirm any booking. The Deposit amount will be specified in the invoice issued by Esteticium Australia.
5.2.2 Unless otherwise agreed in writing, payment of the Deposit is due within seven (7) days of the invoice date.
5.2.3 No booking will be confirmed or scheduling commenced until the Deposit has been received in full.
5.2.4 The Deposit is a payment made to Esteticium Pty Ltd and covers Esteticium Australia’s coordination and administrative service costs. It is not a payment for, or guarantee of, any medical services.
5.3 Balance Payment
The Balance Payment (being the total Package price less the Deposit) is payable directly by the Client to the Clinical Partner or hospital in Turkey on the day of surgery (or as otherwise specified in the Confirmation Document). Esteticium Australia is not a party to this payment and does not hold or receive the Balance Payment.
5.4 Refund and Non-Refundable Deposit Policy
The Deposit paid to Esteticium Australia is strictly non-refundable in all circumstances, including but not limited to:
• The Client’s voluntary cancellation of the booking at any time;
• The Client’s decision not to proceed with the Recommended Procedure after acceptance;
• The Client’s failure to obtain a visa or travel authority;
• Any change in the Client’s health status or medical fitness for the Procedure;
• Flight cancellations, delays, or travel disruptions; or
• Any Force Majeure Event as described in Section 12.
This non-refundable policy reflects costs already incurred by Esteticium Australia in providing coordination services including Clinical Partner liaison, scheduling, and administrative processing. The Client’s obligation to pay the Deposit is absolute and unconditional and cannot be set off against any other claim the Client may have or allege against Esteticium Australia.
The Deposit Is Refundable Where:
· Esteticium Australia or the Clinical Partner cancels the booking without providing a reasonable alternative;
· neither the clinical partner nor any alternative clinical partner is able to perform the agreed procedure for any reason."
· The client cancels only if a serious medical condition or medically supported contraindication renders the client medically unfit to travel, on the scheduled date, as confirmed by a registered medical practitioner. The client must provide satisfactory medical evidence, and Esteticium may reasonably determine if that evidence meets this standard.
5.5 Australian Consumer Law — Statutory Rights
Nothing in this Section 5 is intended to exclude, restrict, or modify any non-excludable right or guarantee available to the Client under the Australian Consumer Law. Where the ACL provides a statutory remedy that cannot be excluded by contract, such remedy remains available to the Client in accordance with the ACL.
6. CLIENT OBLIGATIONS AND REPRESENTATIONS
By entering into this Agreement, the Client represents, warrants, and agrees to:
• Provide accurate, complete, and honest information in the medical history questionnaire and in all communications with Esteticium Australia and the Clinical Partner, and to promptly notify Esteticium Australia of any change in health status;
• Consult with their own independent general practitioner or specialist in Australia prior to travel, to assess medical fitness for the Recommended Procedure and for international travel post-procedure;
• Esteticium Australia strongly recommends that the Client obtain comprehensive travel and health insurance prior to departure, covering surgical complications, medical evacuation to Australia, and extended overseas hospitalisation. The Client acknowledges that standard Australian Medicare and most private health insurance policies may not cover treatment received overseas. Whether or not to obtain insurance is entirely the Client’s own responsibility;
• Read and retain a copy of the Confirmation Document and all pre-operative instructions provided by the Clinical Partner;
• Comply with all pre-operative instructions issued by the Clinical Partner, including restrictions on diet, alcohol, smoking, and medication;
• Comply with all post-operative care instructions issued by the Clinical Partner before departure from Turkey;
• Disclose to the Clinical Partner all medications, supplements, herbal remedies, and health conditions, including conditions not directly related to the Procedure;
• Hold a valid passport and any required visa for entry into Turkey;
• Be responsible for arranging and meeting the cost of any post-operative follow-up treatment or care required in Australia after returning home;
• Act lawfully at all times and comply with all applicable Australian laws and, during the period spent in Turkey, with all applicable Turkish laws and regulations, including visa conditions, health declarations, and local regulations.
7. MEDICAL DISCLAIMER AND INFORMED CONSENT
ALL MEDICAL PROCEDURES CARRY INHERENT RISKS. The Client acknowledges that: (a) Esteticium Australia has not provided any medical advice; (b) the Recommended Procedure was determined solely by the Clinical Partner; (c) medical outcomes cannot be guaranteed by any party; and (d) the Client accepts all medical risks associated with the Procedure.
7.1 The Client acknowledges and agrees that:
• The Clinical Partner’s Procedure recommendation is based solely on the information and materials submitted by the Client; Esteticium Australia has played no part in formulating that recommendation;
• All medical procedures, including cosmetic and elective surgeries, carry inherent risks including but not limited to: anaesthetic reactions, bleeding, infection, scarring, nerve damage, asymmetry, unsatisfactory aesthetic outcome, need for revision surgery, and in rare cases serious injury or death;
• Medical standards, regulations, and legal obligations applicable to healthcare providers in Turkey may differ from those in Australia;
• The Client may not have access to the same legal remedies under Turkish law as would be available against an Australian-registered medical practitioner under Australian law;
• The Clinical Partner’s qualifications and credentials have been represented to Esteticium Australia, but Esteticium Australia cannot independently verify or guarantee the accuracy of such representations;
• The Client has had the opportunity to seek independent medical advice in Australia prior to agreeing to the Recommended Procedure and prior to signing this Agreement.
7.2 By signing this Agreement, the Client confirms informed consent to:
• Travel overseas for the purpose of undergoing the Recommended Procedure;
• Undergo the Recommended Procedure at their own risk; and
• Accept the inherent risks of the Procedure as described in the Clinical Partner’s pre-operative disclosure, which the Client will receive and sign separately.
7.3 The Client acknowledges that no warranty, representation, or guarantee has been made by Esteticium Australia as to any surgical outcome, aesthetic result, recovery time, or post-operative complication rate. Results shown in testimonials, before-and-after images, or other marketing materials are individual results and are not indicative of typical outcomes.
8. LIMITATION OF LIABILITY
8.1 Esteticium Australia’s liability to the Client is strictly limited to the Coordination Services described in Section 3 of this Agreement.
8.2 To the maximum extent permitted by law, Esteticium Australia excludes all liability for:
• The acts, omissions, negligence, misconduct, or errors of any Clinical Partner, hospital, clinic, anaesthetist, or other medical professional;
• Any medical outcome, complication, adverse event, injury, or death arising from the Procedure, whether caused by the Clinical Partner, the hospital, or any other third party;
• Any loss, damage, or injury arising from the Client’s failure to provide accurate or complete medical information;
• Any loss, damage, or injury arising from the Client’s failure to follow pre-operative or post-operative instructions;
• Travel disruptions, flight cancellations, visa refusals, or any other events outside Esteticium Australia’s control;
• Hotel, accommodation, or transport services provided by third-party service providers;
• Loss of personal property, theft, or damage occurring during travel or the medical trip;
• Any indirect, consequential, special, or punitive loss or damage of any kind, including loss of income, loss of enjoyment, or psychological distress;
• Any accident, injury, death, or property damage occurring during VIP transfer services (including airport – hotel – hospital/clinic transfers), whether or not involving a vehicle. Transfer operations are carried out by independent third-party providers and Esteticium Australia bears no responsibility for incidents arising during those services;
• Any injury, accident, fall, slip, poisoning, burn, or other incident suffered by the Client or companion at the hotel, clinic, or hospital (including corridors, stairs, bathrooms, waiting areas, and other common areas). These premises are operated by independent third-party operators and their safety is not within Esteticium Australia’s control;
• Any other claim arising from circumstances beyond Esteticium Australia’s reasonable control.
8.3 Where Esteticium Australia’s liability cannot be excluded under the ACL or any other applicable law, Esteticium Australia’s liability is limited, at Esteticium Australia’s election, to: (a) the re-supply of the relevant Coordination Services; or (b) the payment of the cost of having equivalent coordination services supplied again. In no event will Esteticium Australia’s total aggregate liability exceed the amount of the Deposit actually paid by the Client to Esteticium Australia for the specific booking to which the claim relates.
8.4 The Client acknowledges that Esteticium Australia is not responsible for, and has no control over, the quality, safety, or outcome of any medical procedure performed by the Clinical Partner.
8.5 Nothing in this Section 8 excludes or limits Esteticium Australia’s liability for: (a) fraud or fraudulent misrepresentation by Esteticium Australia; (b) death or personal injury caused by Esteticium Australia’s own proven negligence (as distinct from the negligence of the Clinical Partner or other third parties); or (c) any liability that cannot lawfully be excluded or limited under the ACL.
9. INDEMNITY
The Client agrees to indemnify, defend, and hold harmless Esteticium Pty Ltd, its directors, officers, employees, contractors, and agents from and against any claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable legal costs) arising out of or in connection with:
• The Client’s breach of any term of this Agreement;
• Any inaccuracy or omission in the medical information or other information provided by the Client;
• The Client’s failure to follow medical or post-operative instructions issued by the Clinical Partner;
• The Client’s own negligence or wilful misconduct; or
• Any claim brought by a third party arising from the Client’s conduct.
This indemnity does not apply to the extent that the relevant loss or damage is caused by Esteticium Australia’s own negligence or wilful misconduct.
10. PRIVACY AND PERSONAL DATA
10.1 Esteticium Australia collects, uses, and stores the Client’s personal information (including sensitive health information) in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
10.2 By entering into this Agreement, the Client expressly consents to Esteticium Australia disclosing the Client’s personal and health information to the following third parties, to the extent necessary to provide the Coordination Services:
• The Clinical Partner (surgeon, specialist, anaesthetist);
• The hospital or clinic where the Procedure will be performed;
• Hotel and accommodation providers;
• Transfer and transport service providers; and
• Any other service provider directly involved in the Client’s Package.
10.3 Esteticium Australia will take reasonable steps to ensure that third parties to whom Client information is disclosed handle that information in a manner consistent with the Privacy Act 1988 (Cth). The Client acknowledges that information shared with Clinical Partners and service providers in Turkey is subject to Turkish privacy law, which may differ from Australian law.
10.4 Esteticium Australia will not sell, rent, or commercialise the Client’s personal information.
10.5 The Client may request access to or correction of their personal information by contacting Esteticium Australia at info@esteticium.com.au.
11. TESTIMONIALS AND MARKETING MATERIAL
11.1 Any before-and-after photographs, client testimonials, reviews, or case studies published on Esteticium Australia’s website or social media platforms relate to real clients who have used Esteticium Australia’s services and/or those of its Clinical Partners, and are published with those clients’ consent.
11.2 Medical results depicted in testimonials or marketing materials (including weight loss outcomes, aesthetic improvements, hair transplant results, or cosmetic enhancements) are individual results, are not guaranteed, and are not indicative of typical or average outcomes. Individual results will vary depending on the Client’s individual health status, anatomy, lifestyle, and compliance with post-operative instructions.
11.3 Esteticium Australia makes no warranty or guarantee regarding the outcome of any planned procedure or surgery. Nothing in any marketing or advertising material constitutes a guarantee of any result.
12. CANCELLATION, POSTPONEMENT AND FORCE MAJEURE
12.1 Cancellation by Client
If the Client cancels the booking for any reason at any time after payment of the Deposit:
• The Deposit is non-refundable in all circumstances (see Section 5.4);
• Any costs already incurred by Esteticium Australia on the Client’s behalf with third-party providers (including accommodation or transport bookings) are the Client’s responsibility and may be recovered from the Client; and
• The Client acknowledges that third-party providers may impose their own separate cancellation fees.
12.2 Cancellation or Postponement by Clinical Partner
In the event that the Clinical Partner postpones or cancels the Procedure for medical, administrative, or operational reasons, Esteticium Australia will use reasonable efforts to assist the Client in rescheduling. Esteticium Australia is not liable for any loss, cost, or inconvenience resulting from a postponement or cancellation initiated by the Clinical Partner or hospital.
12.3 Force Majeure
Esteticium Australia will not be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is caused by a Force Majeure Event, meaning any event beyond Esteticium Australia’s reasonable control, including but not limited to: acts of God, natural disasters, pandemic or epidemic, government travel restrictions or advisories, war, civil unrest, terrorist acts, strikes, or border closures. Esteticium Australia will notify the Client as soon as practicable and will use reasonable efforts to reschedule affected services.
13. TRAVEL AND HEALTH INSURANCE
IMPORTANT NOTICE: Esteticium Australia strongly recommends that the Client obtain comprehensive travel and health insurance prior to departure, covering surgical complications, post-operative treatment, medical evacuation to Australia, and extended hospitalisation. Whether or not to obtain insurance is entirely the Client’s own responsibility. Standard Australian Medicare and most private health insurance policies do NOT cover treatment received overseas.
13.1 Whether to obtain travel and health insurance is entirely the Client’s own choice and responsibility. Esteticium Australia makes this recommendation only and does not impose any obligation in this regard.
13.2 Esteticium Australia does not sell, arrange, or guarantee any insurance product.
13.3 The Client’s failure to obtain adequate insurance does not reduce or limit Esteticium Australia’s exclusions and limitations of liability under this Agreement.
14. COMPLAINTS AND DISPUTE RESOLUTION
14.1 If the Client has a complaint relating to Esteticium Australia’s Coordination Services, the Client must notify Esteticium Australia in writing at info@esteticium.com.au within thirty (30) days of the event giving rise to the complaint.
14.2 Esteticium Australia will acknowledge receipt of the complaint within five (5) business days and will use reasonable efforts to respond substantively within twenty-one (21) business days.
14.3 If the complaint is not resolved through the internal process, either party may refer the dispute to mediation conducted by a mutually agreed accredited mediator. Mediation may be conducted in Victoria or such other Australian state as the parties may agree. The costs of mediation will be shared equally unless otherwise agreed.
14.4 If mediation does not resolve the dispute, either party may pursue the matter through the courts of Victoria or such other forum as may be required under the ACL. Esteticium Australia’s registered office is located in Melbourne, Victoria; however, as Esteticium Australia operates nationally across Australia, applicable Commonwealth legislation applies in all cases.
14.5 This Section 14 does not limit the Client’s right to make a complaint to the Australian Competition and Consumer Commission (ACCC) or any relevant state-based consumer protection authority.
14.6 Any claim against Esteticium Australia must be commenced within the period required by applicable Australian law. Nothing in this clause limits the Client’s rights under the ACL, including the applicable statutory limitation periods.
14.7 Post-Return Support
If the Client experiences any issue related to the Procedure after returning to Australia, Esteticium Australia will make reasonable efforts to maintain communication between the Client and the Clinical Partner and to assist in resolving the issue. This support includes facilitating written or video communication with the Clinical Partner, assisting with the forwarding of relevant medical records, and providing general coordination between the parties. However, this support does not constitute a guarantee or assumption of liability; the terms and liability limitations set out in this Agreement remain in full force in all circumstances. Esteticium Australia cannot control the medical decisions made by the Clinical Partner or the outcome of any procedure and cannot assume legal responsibility in connection therewith.
15. GOVERNING LAW AND JURISDICTION
This Agreement is governed by and construed in accordance with the laws of Victoria, Australia, and the applicable laws of the Commonwealth of Australia (including the ACL). The parties submit to the non-exclusive jurisdiction of the courts of Victoria for resolution of any disputes arising under this Agreement. Note: Esteticium Australia’s registered office is located in Melbourne, Victoria. As Esteticium Australia operates nationally, legal proceedings may also be initiated in the state in which the Client is located, in accordance with applicable Commonwealth and local court rules.
16. GENERAL PROVISIONS
16.1 Entire Agreement: This Agreement (including the Confirmation Document) constitutes the entire agreement between Esteticium Australia and the Client and supersedes all prior representations, discussions, or agreements.
16.2 Modifications: Esteticium Australia reserves the right to update or modify these Terms and Conditions at any time. Clients will be notified of any material changes. The version in effect at the time of signing governs the specific booking.
16.3 Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable under any applicable law, that provision will be severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
16.4 Waiver: Esteticium Australia’s failure to enforce any provision of this Agreement does not constitute a waiver of its right to enforce that provision in the future.
16.5 Assignment: Esteticium Australia may assign its rights and obligations under this Agreement to any successor entity or related company. The Client may not assign this Agreement without Esteticium Australia’s prior written consent.
16.6 Relationship of Parties: Nothing in this Agreement creates any partnership, joint venture, employment, or agency relationship between Esteticium Australia and the Client, or between Esteticium Australia and any Clinical Partner.
16.7 No Medical Advice: Nothing in any communication from Esteticium Australia, whether oral, written, or digital, constitutes medical advice. The Client must seek independent medical advice from a qualified and registered Australian medical practitioner before making any decision to undergo any medical procedure.
15.Contact Information:
For all enquiries, please contact Esteticium Australia:
Esteticium Pty Ltd | Trading As: Esteticium Australia | ABN 61 675 729 245
Email: info@esteticium.com.au
Phone: 1300 643 394
Web: www.esteticium.com.au
CLIENT ACKNOWLEDGEMENT AND SIGNATURE
By signing below, I confirm that: (1) I have read and understood this entire Agreement; (2) I have had the opportunity to seek independent legal and medical advice; (3) I understand that Esteticium Australia is a coordination facilitator only and not a medical provider; (4) I accept all terms and conditions set out in this Agreement; (5) I consent to the collection, use, and disclosure of my personal and health information as described in Section 10; (6) I understand that the opportunity to arrange an online consultation with the Clinical Partner prior to travelling to Turkey has been made available to me and that whether or not to use this opportunity is entirely my own responsibility.
Name:______________________________ Date: ________________________
Signature: _____________________________ Date of Birth: ________________________
Esteticium Pty Ltd (Trading As: Esteticium Australia) | Authorised Representative
Full Name: _______________________ Signature: _______________________
Date: ___________
Esteticium Australia PTY LTD ABN 61 675 729 245 P 1300 643 394| W www.esteticium.com.au
Esteticium Australia PTY LTD
ABN 61 675 729 245 P 1300 643 394 www.esteticium.com.au