This website and platform are operated by Nastjalutietla Pty Ltd ABN 97 698 216 616, trading as CosmediComply and Crimston Law & Advisory (“CosmediComply”), an Australian company based in New South Wales. In these terms, “we”, “us” and “our” mean CosmediComply, and “you” and “your” mean the person accessing the website or, where you are acting for a clinic, company or other entity, that entity.
These Terms of Use govern your access to and use of:
(a) our website at cosmedicomply.com.au and any subdomain of it;
(b) our online store and checkout;
(c) the CosmediComply member area and any account you hold with us;
(d) the notary and Crimston Law and Advisory area;
(e) all templates, checklists, guides, frameworks, training material, articles and other resources we make available, whether free or paid; and
(f) our newsletters, updates and educational content.
Each of these is referred to as the “Platform”.
Separate terms for legal services. Where you engage us to provide legal services, those services are governed by a separate costs agreement and disclosure issued under the Legal Profession Uniform Law. That engagement document prevails over these terms to the extent of any inconsistency in relation to those services.
By accessing the Platform, creating an account, purchasing a template or starting a membership, you confirm that you have read, understood and agree to be bound by these terms. Where you do not agree, you must not use the Platform.
You represent and warrant that:
(a) you are at least 18 years of age;
(b) you have legal capacity and authority to enter into a binding agreement;
(c) where you are acting for a clinic, company or other entity, you are authorised to bind that entity and that entity is the licensee; and
(d) the information you give us, including your clinic name and ABN, is accurate and current.
The Platform is intended for healthcare businesses, registered health practitioners, practice managers and their advisers in Australia. It is not directed at consumers seeking health information or treatment.
We supply legal, compliance and clinical governance material for healthcare businesses across our service categories, being cosmetic medicine, general practice, telehealth, medicinal cannabis, and intravenous and wellness services as well as notary services and general commercial and business legal advice and services. Our offering includes:
(a) licensed document templates purchased individually through our online store;
(b) tiered memberships that provide access to a defined set of templates, resources and updates;
(c) educational articles, regulatory updates and training material; and
(d) legal and compliance services, where separately engaged and documented.
We are not a health service provider. We do not provide clinical care, we do not treat patients, and we do not supply therapeutic goods. Nothing on the Platform is medical, clinical, diagnostic, prescribing or treatment advice, and nothing on the Platform should be used as a substitute for the clinical judgement of a registered health practitioner.
Material on the Platform, including templates, checklists, guides and articles, is general in nature. It is prepared without knowledge of your practice, your patients, your insurance, your service agreements or your regulatory history, and it does not take your circumstances into account.
No solicitor and client relationship. Your use of the Platform, your purchase of a template, and your subscription to a membership do not on their own create a solicitor and client relationship between you and us, and do not attract legal professional privilege. A relationship of that kind arises only where we accept an engagement in writing and issue a costs agreement.
You must obtain advice on your own circumstances before you rely on any material from the Platform. Each template must be reviewed, adapted and approved by you, and where appropriate by your own legal adviser, insurer and clinical governance lead, before it is implemented in your practice.
You remain responsible at all times for your own compliance with the Health Practitioner Regulation National Law, the Therapeutic Goods Act 1989 (Cth) and the Therapeutic Goods Advertising Code, the Privacy Act 1988 (Cth), the Australian Consumer Law, the Fair Work Act 2009 (Cth), and the medicines and poisons legislation of each state and territory in which you operate.
Law, regulation, regulator guidance and professional standards change frequently. Examples relevant to our customers include amendments to state and territory medicines and poisons regulation, changes to advertising rules for regulated health services, and periodic updates to the Poisons Standard.
We take reasonable care to keep material current, and we date and version every template we issue. We do not warrant that any material reflects the law as at the date you use it. Where a template you hold is materially updated, we take reasonable steps to notify the licensee account by email.
You must check the version and effective date of any template before you rely on it, and confirm that it reflects the position in your jurisdiction.
Some parts of the Platform require an account. You agree that:
(a) you will give accurate registration information and keep it current;
(b) your account is personal to you and must not be shared, sold or transferred;
(c) you are responsible for keeping your login credentials confidential and for all activity under your account;
(d) you will notify us immediately at info@cosmedicomply.com.au where you become aware of unauthorised access to your account; and
(e) you will not create an account using another person or clinic identity, or to circumvent a suspension.
We may suspend or close an account where we reasonably suspect a breach of these terms, credential sharing, unauthorised distribution of licensed material, or fraudulent or unlawful activity.
Memberships are offered in tiers. The inclusions, template access, update entitlements and price for each tier are set out on the membership page at the time you subscribe. That page forms part of these terms.
(a) Your membership starts when we confirm your first successful payment.
(b) Membership fees are billed in advance for the billing period you select, and recur automatically at the end of each period.
(c) Your membership continues to renew, and fees continue to be charged, until you cancel it.
(d) We charge the payment method saved to your account. Where a payment fails, we may retry it and may suspend access until payment succeeds.
Payment processing. Membership payments are processed by Stripe. Your card details are entered into a payment field hosted by Stripe and pass directly to Stripe. We do not receive or store your full card number, expiry date or security code. Stripe handles that information under its own terms and privacy policy, and stores and processes information outside Australia, including in the United States and Ireland. Section 7 of our Privacy Policy explains what we share with Stripe.
Cancellation. You may cancel a membership at any time through the member area or by emailing us. Cancellation takes effect at the end of the current paid billing period. You keep access until then. We do not refund the balance of a paid period on cancellation, other than as required by the Australian Consumer Law or as set out in section 9.
Upgrades and downgrades. You may change tiers through the member area. An upgrade takes effect immediately and we charge the difference on a pro rata basis. A downgrade takes effect at the start of the next billing period. On a downgrade, access to templates outside the lower tier ends, although a licence you already hold for a template you have downloaded continues under section 11.
Price changes. We may change membership prices. We will give you at least 30 days notice by email before a change applies to your renewal. You may cancel before the change takes effect.
Individual templates are sold through a WooCommerce store on our website. Each listing sets out what the template covers, the service category it is written for and the price.
1. Your order is an offer to purchase. A contract forms when we confirm the order and make the file available to your account.
2. Prices are in Australian dollars and are inclusive of GST unless the listing states otherwise. A tax invoice is issued for each purchase.
3. Digital products are delivered by download through your account. Access is tied to your account and order, and each download is logged.
4. Card surcharges, where any apply, are disclosed at checkout before you confirm the order.
You must give a correct clinic name and ABN at checkout, because the licence is issued to the clinic identified by that ABN. Where the ABN you give is incorrect, contact us so that we can reissue the licence.
Your rights under the Australian Consumer Law are not excluded. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Where a product fails to meet a consumer guarantee, you are entitled to a remedy, and for a major failure you are entitled to a refund and to compensation for reasonably foreseeable loss or damage.
Because templates are delivered digitally and can be copied on download, we do not offer change of mind refunds once a file has been downloaded. We will provide a remedy where:
(a) the file is corrupted, incomplete or cannot be opened;
(b) you were supplied a different template from the one you ordered;
(c) the template does not do what we said it would do; or
(d) you were charged in error or charged twice.
Contact us at info@cosmedicomply.com.au within a reasonable time and we will replace the file, correct the order or refund it.
Where you have not accessed or downloaded any member material, you may request a refund of your most recent membership payment within 5 days of that payment. Where you have downloaded member material, the licence for that material has been issued and a refund of that period is not available, other than under the Australian Consumer Law.
We grant each licensee a limited, non-exclusive, non-transferable and revocable licence to use the templates and resources it has purchased or accessed under a membership, on the terms in this section.
Each template is licensed to a single clinic identified by its ABN. It may be completed and used by that clinic. It may not be copied for, shared with, on-supplied to or used by any other clinic or person. Each issued copy is traceable to the licensee.
What the licence permits
(a) completing the template with the licensee clinic details and using it in the ordinary operation of that clinic;
(b) adapting the wording to reflect the circumstances of the licensee clinic, subject to the licensee taking responsibility for the adapted document;
(c) making internal copies for use by the personnel of the licensee clinic;
(d) printing and displaying the completed document within the licensee clinic; and
(e) providing a completed document to the regulator, insurer, accreditation assessor or legal adviser of the licensee clinic where required.
What the licence prohibits
(a) supplying, selling, sublicensing, distributing or making available a template, whether in original or modified form, to any other clinic, business or person;
(b) using a template for a clinic other than the licensee clinic, including a related entity, a second location or a clinic under common ownership, unless a separate licence has been purchased for that clinic;
(c) removing, obscuring or altering any CosmediComply branding, document reference, version marking, copyright notice, licence notice or traceability identifier;
(d) incorporating a template or any substantial part of it into a product, service, course, consultancy deliverable or template library that is supplied to third parties;
(e) publishing a template on a website, intranet, social media platform, file sharing service or document marketplace accessible to persons outside the licensee clinic;
(f) using a template or the Platform to develop, train or benchmark a competing product or service; and
(g) using automated means to scrape, harvest, copy or index the Platform or its content.
The licence continues for as long as the licensee clinic operates, and survives cancellation of a membership in respect of material already downloaded, unless we terminate it for breach under section 15.
Traceability and enforcement. Issued copies carry identifiers that allow a document to be traced back to the licensee. Where we identify licensed material outside the terms of the licence, we may suspend the account, terminate the licence, require the material to be destroyed, and recover the licence fees that would have been payable together with our costs.
All content on the Platform, including templates, checklists, guides, frameworks, articles, training material, graphics, layouts, the CosmediComply name and logo, the Crimston Law and Advisory name and logo, and the arrangement and selection of that content, is owned by Nastjalutietla Pty Ltd trading as CosmediComply and/or Crimston Law & Advisory or is used by us under licence. It is protected by the Copyright Act 1968 (Cth) and by trade mark and other intellectual property laws.
Nothing in these terms transfers ownership of any intellectual property to you. Nothing on the Platform grants you a right to use any trade mark without our prior written consent.
Your content. You retain ownership of the information and documents you submit to us. You grant us a non-exclusive licence to use that material to the extent necessary to supply the products and services you have requested, to provide support and to meet our legal obligations. Where you provide feedback or suggestions about the Platform, you grant us a perpetual, royalty free licence to use them without obligation to you.
Testimonials. Where you give us a testimonial or review, you consent to us publishing it with your name, position and clinic name, unless you tell us otherwise. You may withdraw that consent at any time and we will remove it from material we control. We do not publish testimonials that would breach section 133 of the Health Practitioner Regulation National Law.
You must not:
(a) use the Platform in breach of any law, regulation or professional code that applies to you;
(b) attempt to gain unauthorised access to the Platform, any account, or any system or network connected to it;
(c) interfere with, damage, disable or overburden the Platform, or circumvent any download protection, access control or security measure;
(d) introduce any virus, malware, worm or other harmful code;
(e) use a robot, spider, scraper or other automated means to access, copy or index the Platform without our written consent;
(f) harvest or collect personal information from the Platform;
(g) post or transmit material that is unlawful, defamatory, misleading, deceptive, offensive or that infringes the rights of another person; or
(h) misrepresent your identity, your clinic or your entitlement to a licence.
The Platform contains links to third party websites, and relies on third party services including our payment processor, e-commerce software, hosting provider and email platform. It also links to regulator and government sources.
We do not control third party sites or services and we accept no responsibility for their content, availability, accuracy or privacy practices. Your dealings with a third party are between you and that third party and are subject to the terms of that party. A link is not an endorsement.
Our educational content published on social media platforms is subject to the terms of those platforms as well as these terms.
We aim to keep the Platform available, but we do not warrant uninterrupted or error free access. We may suspend access for maintenance, upgrades, security or technical reasons, and we will give notice where it is practicable to do so.
We may add, change, withdraw or discontinue any part of the Platform, any template or any membership tier. Where we withdraw a template you have already licensed, your licence for the version you hold continues, although we may stop issuing updates for it.
We may suspend or terminate your access to the Platform, your account and any licence, with immediate effect, where you:
(a) breach these terms, and the breach is not capable of remedy or is not remedied within 14 days of our written notice;
(b) copy, share, on-supply or publish licensed material outside the terms of the licence;
(c) fail to pay an amount due;
(d) use the Platform unlawfully or in a way that damages our reputation or our systems; or
(e) become insolvent, or an administrator, receiver or liquidator is appointed to you.
On termination, your right to access the Platform ends immediately, and you must stop using and destroy all copies of licensed material where we require it. Termination does not affect any right or liability that accrued before it, and sections 10, 11, 16, 17, 18 and 23 survive termination.
To the maximum extent permitted by law, and subject to section 9:
(a) the Platform and all material on it are supplied on an “as is” and “as available” basis;
(b) we make no representation or warranty that any material is accurate, complete, current, suitable for your circumstances or compliant with the law of any particular jurisdiction at the time you use it;
(c) we make no representation or warranty that use of any template will result in compliance with any legal, regulatory, accreditation or insurance requirement, or will prevent a complaint, notification, investigation, penalty or claim; and
(d) we exclude all implied terms, conditions and warranties other than those that cannot be excluded by law.
You accept that responsibility for the review, adaptation, approval, implementation and ongoing maintenance of any document in your practice rests with you.
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy conferred by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.
Subject to that, and to the maximum extent permitted by law:
(a) we are not liable for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill, business opportunity, data or anticipated savings, however arising;
(b) we are not liable for loss arising from your use of, or reliance on, any template or other material, or from your failure to obtain your own advice before implementing it;
(c) we are not liable for any penalty, fine, disciplinary outcome, notification, condition, undertaking or reputational loss arising from your conduct or the conduct of your personnel; and
(d) our total aggregate liability arising out of or in connection with the Platform, however arising, is limited to the greater of the amount you paid us in the 12 months before the event giving rise to the liability, or the resupply of the relevant product or service.
Where liability for a failure to comply with a consumer guarantee can lawfully be limited, our liability is limited, at our option, to resupplying the relevant product or service or paying the cost of having it resupplied.
You indemnify us, our directors, officers, employees, contractors and agents against all claims, liabilities, losses, damages, costs and expenses, including reasonable legal costs, arising out of or in connection with:
(a) your breach of these terms or of any licence granted under them;
(b) your use of the Platform or of any template, including any implementation of a template in your practice;
(c) any unauthorised copying, sharing, on-supply or publication of licensed material by you or by a person to whom you gave access; and
(d) your breach of any law or of the rights of any third party.
This indemnity is reduced to the extent that our negligence or breach caused the loss.
We handle personal information in accordance with our Privacy Policy, which is published at cosmedicomply.com.au and forms part of these terms. The Privacy Policy explains what we collect, how we use it, what we disclose to Stripe and to our e-commerce and hosting providers, and how you can access, correct or complain about our handling of your information.
Where you place patient or other third party personal information into a template, you are responsible for handling that information in accordance with the Privacy Act 1988 (Cth) and any health records legislation that applies in your jurisdiction.
We may amend these terms. The current version is always published on our website with a version number and effective date. Where an amendment materially affects your rights, we will notify account holders and members by email at least 14 days before it takes effect.
Your continued use of the Platform after the effective date means you accept the amended terms. Where you do not accept them, you may cancel your membership and stop using the Platform. Amendments do not apply retrospectively to a licence already issued for a template you have downloaded.
Notices to us must be sent to info@cosmedicomply.com.au. Notices to you will be sent to the email address recorded in your account, and are taken to be received on the day of sending unless we receive a delivery failure notification.
Where you have a complaint about a product, a charge or your account, contact us at info@cosmedicomply.com.au. We will acknowledge within five business days and respond within 30 days.
(a) Severability. Where any provision of these terms is invalid or unenforceable, it is severed or read down to the minimum extent necessary, and the remaining provisions continue in force.
(b) Waiver. A failure or delay by us in exercising a right does not waive that right, and a single or partial exercise does not preclude any further exercise.
(c) Assignment. You may not assign or transfer your rights under these terms without our written consent. We may assign or novate our rights and obligations on a sale or restructure of our business, on notice to you.
(d) No agency. Nothing in these terms creates a partnership, joint venture, employment or agency relationship between us.
(e) Entire agreement. These terms, together with our Privacy Policy, the membership page and any order confirmation, form the entire agreement between you and us in relation to the Platform, and supersede all prior representations and understandings.
(f) Force majeure. Neither party is liable for a failure to perform caused by an event beyond its reasonable control, provided it takes reasonable steps to mitigate the effect.
These terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and of the courts competent to hear appeals from them.
CosmediComply
Nastjalutietla Pty Ltd trading as CosmediComply and Crimston Law & Advisory, ABN 97 698 216 616
General enquiries: info@cosmedicomply.com.au
Privacy enquiries: info@cosmedicomply.com.au
Telephone: 1800 943 997
Website: cosmedicomply.com.au
Access the complete notarial fee schedule, including service breakdowns, pricing, and disbursements. We’ll send the PDF directly to your inbox.
