Last updated: July 10, 2023.
Important Disclaimer: The See Stella Online Platform is not providing a cosmetic or health service, and we do not provide any healthcare or medical services. The Platform is designed to provide a marketplace for individuals to engage with qualified cosmetic nurses and/or cosmetic clinics. We accept no liability for the services provided by a Provider to a patient, whether or not that patient was connected through the Platform or otherwise.
See Stella Pty Ltd ACN 669216924 (we, us, our) operates a platform called See Stella (Platform), a platform developed and owned exclusively by See Stella Pty Ltd ACN 669216924 and licenced to us. The Platform provides a marketplace for individuals to engage with qualified cosmetic nurses and/or cosmetic clinics (Provider) who provide cosmetic services. These Terms and Conditions (Terms and Conditions) record an agreement between you (you, your), as a Provider, and us for the purpose of your use of the Platform.
The Platform is not providing a cosmetic or health service, and we do not provide any healthcare or medical services. The Platform is designed for the purpose of creating a marketplace for Providers to connect with patients. We are in no way liable for any health services provided by you to any such patient, whether or not that patient has engaged with you through the Platform or otherwise.
By using the Platform, you are accepting these Terms and Conditions and agree to be bound by them.
We reserve the right to make changes to these Terms and Conditions from time to time without notice.
We reserve the right to make changes to these Terms and Conditions from time to time without notice.
a) Your full name;
b) Details of current practice or place of employment, including practice name, address, contact number and email address;
c) Details pertaining to your registration and endorsement with the Australian Provider Registration Agency (AHPRA), or any other applicable regulatory body;
d) Details of your area/s of specialisation and relevant expertise;Your email address;
e) Your phone number;
f) Credit card or bank account details for payment purposes;
g) Any other information reasonably required to utilise the Platform.
Failure to supply correct Provider Data may result in you being unable to use the Platform as intended.
We may use the Provider Data for the purpose of providing the functionality of the Platform and any related purpose. In order to do so, we may share the data with other parties, including stakeholders and contractors.
Our use of any personal information provided within the Provider Data will be in accordance with our Privacy Policy available at https://www.seestella.com.au/privacy-policy.
To use the Platform, you must be a duly qualified Provider within your jurisdiction and hold and maintain all current qualifications, certifications, endorsements, licences, insurances, and any other documentation required to provide the relevant service.
You must not modify, adapt or hack the Platform or modify another website or software so as to falsely imply that it is associated with the Platform or us. You must use the Platform for its intended purpose. You may not use the Platform for any illegal or unauthorised purpose, including the transmission of malware. You must not use the Platform to violate any laws in any jurisdiction, including but not limited to copyright laws. For the avoidance of doubt, you must not infringe upon the copyrights of any other person in using the Platform.
Based on how patients book your services, you may be required to pay our Commission and any applicable third-party fees.
To the extent Patients are diverted to the Providers website for the booking and payment of the services, there will be no charge from us.
To the extent the patient books a service and is charged a fee for your service (Fees) through the Platform, the following may apply:
Prior to remitting the payment to you we are entitled to receive a commission on the Fees (Commission).
As at the date of these Terms and Conditions our Commission will be [.25 %] of the Fees. We may change the Commission at any time and will provide you with 10 days’ notice prior to implementing new Commission arrangements.
If the Fee is charged and approved (i.e. processed successfully) then you will be entitled to receive payment of the Fees less:
a) Our Commission;
b) Any applicable transaction fee as deducted by our third-party payment service, as set out in Clause 5.1;
c) Any applicable third-party fees as notified to you from time to time.
(Seller’s Fee).
We reserve the right to change any of the items in this clause 4 upon 10 days’ notice prior to making any of the changes.
We use Stripe to process payments on the Platform. Payments processed through the Stripe payment processing service are subject to Stripe’s terms and conditions which can be viewed at https://stripe.com/au.
From time to time, we may use a payment service provider other than Stripe in which case payment will be subject to the relevant payment service provider’s terms and conditions.
The Platform allows you to post images, text or other information (Content). You are responsible for the content that you post to the Platform, including legality, reliability and appropriateness.
By posting Content to the Platform, you grant us the right to license and (without limitation) use, modify, publicly perform, display, reproduce and distribute such content as we desire.
You represent and warrant that:
the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms; and
the posting of your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable.
We may display advertisements by third party sponsors on the Platform (Ads). In doing so, we do not warrant the functionality of the business, product, or service being advertised in the Ad. We do not hold ourselves out as partners, affiliates, guarantors, or as having any other type of legal or professional relationship with the third-party sponsors.
Where Ads link to third party websites, we do not warrant the safety, functionality, or suitability of these websites. We are in no way liable for any loss, damage, risk or liability incurred from you visiting any third-party websites accessible through Ads.
Advertised third party websites may be subject to their own terms and conditions. We do not verify or warrant the legality or suitability of those terms and conditions, and we encourage you to read them before accessing or using the linked site.
To the extent that you are advertising on the Platform you represent and warrant the following;
Any Ads you publish to the Platform will fully comply with all applicable laws, regulations, and compliance standards, including but not limited to those set by the Australian Health Practitioner Regulation Agency (AHPRA);
We reserve the exclusive right and discretion to remove any Ads from the Platform at any time, for any reason, without prior notice to you;
You assume full liability and responsibility for all Ads published to the Platform that promote your goods or services. You agree to indemnify and hold harmless the Platform from any claims, damages, losses, or expenses arising from or in connection with your Ads.
Your use of the Platform is pursuant to a non-exclusive license between you and us which is granted subject to these Terms and Conditions. Nothing in these Terms and Conditions or otherwise creates an assignment of any rights in the Platform beyond the ability to use it for its intended use.
Nothing in these Terms and Conditions or otherwise creates the right for you to sublicense the Platform.
Advertised third party websites may be subject to their own terms and conditions. We do not verify or warrant the legality or suitability of those terms and conditions, and we encourage you to read them before accessing or using the linked site.
You undertake not to reverse engineer, replicate, or otherwise copy the Platform. We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you or any of your affiliates.
You must not reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, or access to it, without our prior express written permission. We claim copyright and all other intellectual property rights over the Platform, its other services and reserve all of our rights.
All intellectual property and ownership rights subsisting in the Platform (including the user interface and the software comprising it), the data derived from use of the Platform, and any other documentation, information or materials that are supplied by us to you, remain our or our third-party licensors’ exclusive property. For the avoidance of doubt, nothing in this agreement assigns any ownership rights to you.
You warrant that you will comply fully with all Platform operating instructions. Any failure to comply fully with operating instructions may result in the sub-par or faulty performance of the Platform.
We accept no liability, and you release us from any such liability, associated with faults or errors caused by your non-compliance with all operating instructions.
We may suspend the Platform for any one or more periods of time if we are unable to provide the Platform due to a fault or dysfunction with our servers.
We reserve the right to modify or discontinue, temporarily or permanently the Platform and its other services with or without notice.
The Platform is made available to you on an “as is” basis. We make no warranties, representations or conditions of any kind, express, statutory or implied as to:
The operation and functionality of the Platform;
the accuracy, integrity, completeness, quality, legality, usefulness, safety and intellectual property rights of any of the software or content comprising the Platform; and/or
the features associated with the Platform or its content.
You warrant that you meet all necessary qualifications, hold all necessary licenses, and are registered as a Provider, adhering to the standards set by the Australian Health Practitioner Regulation Agency and any other relevant regulator.
As a Provider, you are solely responsible for obtaining and maintaining all necessary insurances. It is your responsibility to ensure that you are adequately and fully insured and that all insurance policies are current, comprehensive, and comply with all relevant laws and regulations. We are not responsible for any claims, losses, or damages arising from or related to your failure to maintain adequate insurance coverage.
We disclaim all liability for any:
indirect, special, incidental, punitive, exemplary, reliance or consequential damages;
loss of profits;
network interruptions;
loss or damage to reputation to you or any third-party;
loss of information or data;
all liability for any loss or damage,
relating to or arising out of your use of the Platform.
Your use of the Platform is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to, any loss of data or damage to your computer(s) or networks from viruses that may be downloaded to your computer in the course of using the Platform. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.
Your use of the Platform is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to, any loss of data or damage to your computer(s) or networks from viruses that may be downloaded to your computer in the course of using the Platform. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.
Where a patient engages with you or you engage with a patient through the Platform, you must exercise your professional judgment to determine whether you are adequately qualified, and/or have the relevant expertise, to address the specific needs of the patient you are matched with. We accept no liability for, and you release us from and indemnify us against, any liability for costs or damages incurred due to you treating a patient for whom you are not appropriately qualified to treat.
You accept full responsibility for any potential claims or disputes raised by the patient. This encompasses any claims emerging during or after your engagement with us or the Platform, relevant to the Platform or any treatment the patient has received from you.
We accept no liability for the treatment provided by you to any patient, and you hold harmless and indemnify us against any loss or damage, including legal costs, incurred by us or any third-party due to any remedy, treatment or medication that you provide to a patient.
You defend, indemnify and hold harmless us, our members, managers, subsidiaries, affiliates, any related companies, contractors, licensors and partners, and the officers, directors, employees, agents and representatives of each of them, including costs, liabilities and legal fees, from any claim or demand made by any third-party due to or arising out of:
Your access to or use of the Platform;
Any action or inaction of your Providers, officers, associates, employees, agents, and/or contractors through your or their access or usage of the Platform;
Your violation of this agreement;
Any infringement by you of any intellectual property or other right of any person or entity.
We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you will cooperate with our defence of these claims. You will not settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
These Terms and Conditions are binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).
A Force Majeure Event includes any act, event, non- happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lockouts or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks;
Epidemic, pandemic or other health emergency (whether declared or not), including without limitation lockdowns or any other restrictions imposed as a result of the COVID-19 pandemic or any other pandemic or epidemic at any time; and
The acts, decrees, legislation, regulations or restrictions of any government.
To the extent permitted by law, we reserve the right to create, collect and / or store any metadata resulting from your use of the Platform. To the extent permitted by law, we may use metadata for a variety of functions including (but not limited to) conducting investigations, helping us manage and administer the Platform, for purposes of search engine optimisation and to drive traffic to the Platform. To the extent permitted by law, we reserve the right to share your information (including metadata) with government agencies and authorities to the extent this is required or requested of us.
We may use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, payment gateway and related technology required to run the Platform.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our employees, members, representatives, or officers will result in immediate termination of your access to the Platform.
We do not warrant that:
a) The Platform will meet your specific requirements;
b) The Platform will be uninterrupted, timely, secure, or error-free;
c) Any errors in the Platform will be corrected.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
The Terms and Conditions constitutes the entire agreement between you and us and govern your use of the Platform, superseding any prior agreements between you and us.
Any part of these Terms and Conditions that is invalid, prohibited or not enforceable will not void the balance of the Terms and Conditions. All other parts will be enforced without regard to the invalid provision and continue to be valid in accordance with their terms.
We make no representations or warranties that the content of the Platform complies with the laws (including intellectual property laws) of any country outside of Australia.
Any queries about the Terms and Conditions should be sent to us by email at info@seestella.com.au.
These Terms and Conditions are governed by the laws of the New South Wales in Australia. Disputes arising from your use of the Platform are exclusively subject to the jurisdiction of the courts of New South Wales.
Last updated: July 10, 2023.
The See Stella Online Platform is not providing a cosmetic or health service, and we do not provide any healthcare, cosmetic or medical services. The Platform is designed to provide a marketplace for individuals to engage with qualified cosmetic nurses and/or cosmetic clinics. We accept no liability for the services provided by a Provider to a Patient, whether or not that Patient was connected through the Platform or otherwise.
See Stella Pty Ltd ACN 669216924 (we, us, our) operates a platform called See Stella (Platform), a platform developed and owned exclusively by See Stella Pty Ltd ACN 669216924 and licenced to us. The Platform provides a marketplace for individuals (you, your, Patient) to engage with qualified cosmetic nurses and/or cosmetic clinics (Provider) who provides cosmetic services. These Terms and Conditions (Terms and Conditions) record an agreement between you and us for the purpose of your use of the Platform.
The Platform is not providing a cosmetic or health service, and we do not provide any healthcare or medical services. The Platform is designed for the purpose of creating a marketplace for Providers to connect with Patients. We are in no way liable for any health or cosmetic services provided to you by any such Provider, whether or not you engaged with that Provider through the Platform or otherwise.
By using the Platform, you are accepting these Terms and Conditions and agree to be bound by them.
We reserve the right to make changes to these Terms and Conditions from time to time without notice.
To use the Platform, as a Patient, you may be required to supply the following information as required by a Provider:
a) Your full name;
b) Your residential address;
c) Your email address;Your phone number;
d)Your date of birth;
e) Your personal and sensitive health records;
f) Payment details;
g) Health related questionnaires;
h) Any other information reasonably required to utilise the Platform.
(User Data).
Our use of any personal or sensitive information provided within the User Data will be in accordance with our Privacy Policy available at https://www.seestella.com.au/privacy-policy.
You must not use the Platform for any unconscionable behaviour or activity.
You must not modify, adapt or hack the Platform or modify another website or software so as to falsely imply that it is associated with the Platform or us. You must use the Platform for its intended purpose. You may not use the Platform for any illegal or unauthorised purpose, including the transmission of malware. You must not use the Platform to violate any laws in any jurisdiction, including but not limited to copyright laws. For the avoidance of doubt, you must not infringe upon the copyrights of any other person in using the Platform.
By accepting these Terms and Conditions you authorise us or any third-party service provider to debit your account at the relevant financial institution connected with the payment details identified and provided in your User Data. This may be for the payment of the fee to the Provider for any services that you engage them for through the Platform (Fees).
Fees and other amounts payable to us from the Platform are charged in Australian Dollars. We reserve the right to amend pricing from time to time at our discretion or at the direction of a Provider.
The Fees and payment information will be available at www.seestella.com.au/fees should we choose to introduce them.
If sufficient funds are not available in your nominated financial account at the time of processing a payment:
a) We will issue an email notification to you providing notice of the payment default.
b) A second attempt to direct debit the Fees from your nominated bank account or credit card will occur three days after the failed attempt.
c) If the payment is declined a second time, your access to the Platform will be temporarily disabled until the payment is successfully made.
All charges are inclusive of Goods and Service Tax (GST) where applicable.
We use Stripe to process payments on the Platform. Payments submitted through the Stripe payment processing service are subject to Stripe’s terms and conditions which can be viewed at https://stripe.com/au.
From time to time, we may use a payment service provider other than Stripe in which case payment will be subject to the relevant payment service provider’s terms and conditions.
We may display advertisements by third party sponsors on the Platform (Ads). In doing so, we do not warrant the functionality of the business, product, or service being advertised in the Ad. We do not hold ourselves out as partners, affiliates, guarantors, or as having any other type of legal or professional relationship with the third-party sponsors.
Where Ads link to third party websites, we do not warrant the safety, functionality, or suitability of these websites. We are in no way liable for any loss, damage, risk or liability incurred from you visiting any third-party websites accessible through Ads.
Advertised third party websites may be subject to their own terms and conditions. We do not verify or warrant the legality or suitability of those terms and conditions, and we encourage you to read them before accessing or using the linked site.
Your use of the Platform is pursuant to a non-exclusive license between you and us which is granted subject to these Terms and Conditions. Nothing in these Terms and Conditions or otherwise creates an assignment of any rights in the Platform beyond the ability to use it for its intended use.
Nothing in these Terms and Conditions or otherwise creates the right for you to sublicense the Platform.
You undertake not to reverse engineer, replicate, or otherwise copy the Platform. We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you or any of your affiliates.
You must not reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, or access to it, without our prior express written permission. We claim copyright and all other intellectual property rights over the Platform, its other services and reserve all of our rights.
All intellectual property and ownership rights subsisting in the Platform (including the user interface and the software comprising it), the data derived from use of the Platform, and any other documentation, information or materials that are supplied by us to you, remain our or our third-party licensors’ exclusive property. For the avoidance of doubt, nothing in this agreement assigns any ownership rights to you.
You warrant that you will comply fully with all Platform operating instructions. Any failure to comply fully with operating instructions may result in the sub-par or faulty performance of the Platform.
We accept no liability, and you release us from any such liability, associated with faults or errors caused by your non-compliance with all operating instructions.
The Platform is made available to you on an “as is” basis. We make no warranties, representations or conditions of any kind, express, statutory or implied as to:
a) The operation and functionality;
b) the accuracy, integrity, completeness, quality, legality, usefulness, safety and intellectual property rights of any of the software content; and/or
c) the features associated with the Platform or its content.
The Platform presents Providers of various health and cosmetic services. We make no warranty or guarantee that the Providers presented will be suitable, including but not limited to in circumstances where you or the Provider have given inaccurate or incomplete information.
The Platform may redirect you to book and pay for a service on a third-party website. We make no warranty or guarantee as to the suitability of the third-party websites, we do not warrant the safety, functionality, or suitability of these websites. We are in no way liable for any loss, damage, risk or liability incurred from you visiting any third-party websites that you may be directed to from the Platform.
Your use of the Platform is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to, any loss of data or damage to your computer(s) or networks from viruses that may be downloaded to your computer in the course of using the Platform. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.
To the extent permitted by law, we reserve the right to create, collect and / or store any metadata resulting from your use of the Platform. To the extent permitted by law, we may use metadata for a variety of functions including (but not limited to) conducting investigations, helping us manage and administer the Platform, for purposes of search engine optimisation and to drive traffic to the Platform. To the extent permitted by law, we reserve the right to share your information (including metadata) with government agencies and authorities to the extent this is required or requested of us.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and us and govern your use of the Platform, superseding any prior agreements between you and us.
Any part of these Terms and Conditions that is invalid, prohibited or not enforceable will not void the balance of the Terms and Conditions. All other parts will be enforced without regard to the invalid provision and continue to be valid in accordance with their terms.
We make no representations or warranties that the Platform complies with the laws (including intellectual property laws) of any country outside of Australia.
Any queries about the Terms and Conditions should be sent to us by email at info@seestella.com.au.
These Terms and Conditions are governed by the laws of New South Wales in Australia. Disputes arising from your use of the Platform are exclusively subject to the jurisdiction of the courts of New South Wales.
