UP® Clinical Cosmetics – Terms & Conditions
Summary
These Terms & Conditions govern all services provided by UP® Clinical Cosmetics. By booking or undergoing treatment, you agree to the terms outlined below.
Key Policies
The following key policies apply to all services unless otherwise stated:
Cancellations & Rescheduling: A minimum of 48 hours’ notice is required
Late Changes (<48 hours): 50% of the treatment fee, or a minimum of $40 (whichever is greater), will be charged
Failure to Attend Without Notice: 100% of the treatment fee will be charged
Deposits: Non-refundable and may be forfeited
Full details are outlined in the Terms & Conditions below.
Programme Overview
UP® programmes are designed to achieve a treatment outcome rather than provide a fixed number of sessions.
All treatments are subject to clinical suitability and must be undertaken at intervals determined by UP® to ensure safety and effectiveness.
UNLIMITED LASER HAIR REMOVAL TERMS & CONDITIONS
1. Programme Overview
1.1. Unlimited Laser Hair Removal programmes are structured to provide advantageous pricing in exchange for a fixed-term commitment and adherence to clinically appropriate treatment intervals.
1.2. Pricing reflects this structure and assumes that all recommended treatments are attended at appropriate intervals as determined by UP®.
1.3. Programmes are designed to achieve a treatment outcome rather than provide a fixed number of sessions.
1.4. By purchasing an Unlimited Laser Hair Removal programme, the Member agrees to these Terms & Conditions.
2. Unlimited Treatments
2.1. Members receive laser hair removal treatments for the selected area during the term of the programme.
2.2. “Unlimited” means as many treatments as UP® deems safe and/or suitable during the term of the programme, at UP®’s sole discretion.
2.3. By way of example, UP® typically recommends that laser hair removal treatments are administered no earlier than:
• 3–6 weeks apart for lower and upper body; and
• 2–4 weeks apart for facial areas.
2.4. UP®’s determination as to safety and/or suitability of treatments is final.
3. Treatment Pricing & Payment Options
3.1. Programme fees may be payable:
(a) upfront at the commencement of the programme; or
(b) by instalments via UP®Pay™ (subject to approval).
3.2. “Pay as little as” refers to the effective per-treatment cost achievable where:
(a) the Member attends all recommended treatments; and
(b) treatments are undertaken at the minimum clinically appropriate interval.
3.3. Individual per-treatment cost may vary depending on personal treatment intervals.
4. Payment Obligations
4.1. All Unlimited Laser Hair Removal programmes are fixed-term commitments.
4.2. Where payment is made upfront, all payments are final and non-refundable.
4.3. Where payment is made via instalments (including UP®Pay™), the Member remains liable for the full programme fee for the entire agreed term.
4.4. This obligation applies regardless of:
(a) early cancellation;
(b) non-attendance;
(c) change in personal circumstances; or
(d) relocation.
4.5. Failure to continue payments does not constitute a valid termination of the agreement.
5. Cancellations
5.1. Members may request cancellation of their programme by providing a minimum of 14 days’ written notice.
5.2. No refunds will be issued for any unused treatments.
5.3. Where the Member is paying via instalments, cancellation does not extinguish any outstanding balance, which remains immediately due and payable.
6. Pause Policy
6.1. Members may request to pause their programme by providing written notice to UP®.
6.2. All pause requests are subject to approval at UP®’s sole discretion.
6.3. A pause administration fee of $20 applies per approved pause.
6.4. Approved pause periods are limited to:
(a) illness – up to 1 month; and
(b) pregnancy – up to 9 months.
6.5. The programme term will be extended by the duration of any approved pause.
6.6. No treatments may be redeemed during a pause period.
7. Suitability for Treatment
7.1. UP® will assess whether the Member is a suitable candidate prior to commencement of treatment.
7.2. UP® is not responsible if a Member’s circumstances change after purchase and they are no longer suitable for treatment.
7.3. No refunds will be issued in such circumstances.
7.4. Treatment outcomes vary between individuals and are not guaranteed.
7.5. UP® may decline treatment where it considers the Member to be contraindicated, including but not limited to the Member presenting with:
• use of medication or herbal supplements with photo-sensitising properties;
• use of isotretinoin (including Oratane or Roaccutane) within the last 6 months;
• use of cosmeceutical retinol within the last 3 days (in the treatment area);
• use of prescription retinol within the last 2 weeks (in the treatment area);
• cosmetic treatments within the last 2 weeks (including fillers, anti-wrinkle injections, or skin boosters);
• semi-permanent makeup or tattoos in the treatment area;
• sun exposure within the last 2 weeks (including sun beds);
• fake tan within the last 2 weeks;
• waxing or threading within the last 2 weeks;
• diabetes;
• autoimmune disease;
• pacemaker;
• epilepsy;
• history of keloid scarring;
• eczema or psoriasis in the treatment area;
• chemotherapy or radiation therapy;
• metal pins or plates in the treatment area;
• pregnancy or breastfeeding;
• cold sores or herpes simplex virus;
• hormonal imbalances;
• history of skin cancer including melanoma;
• family history of melanoma.
7.6. UP® is not responsible for any loss or injury arising from incorrect, incomplete, or omitted information provided by the Member, parent, or guardian.
8. Appointment Bookings
8.1. Members agree to attend appointments at times and frequencies directed by UP®.
8.2. UP® will reasonably attempt to accommodate scheduling preferences; however, clinical timing requirements take precedence.
8.3. A minimum notice period of 48 hours is required for any cancellation or rescheduling request.
8.4. Cancellations or changes within 48 hours will incur a $30 administration fee.
8.5. Failure to attend 3 consecutive appointments may result in immediate cancellation of the programme without refund.
8.6. UP® reserves the right to suspend or cancel programmes where payments remain outstanding for 30 days or more.
STUDENT PASS TERMS & CONDITIONS
1. Membership Fees
1.1. The Student Pass fee is $250 for the first year, payable upfront.
1.2. Renewal fees are $50 per annum for up to 4 additional years.
1.3. Renewal may be either:
(a) automatic; or
(b) manual,
as selected by the Member at the time of purchase.
1.4. Members may request to change their renewal preference at any time by providing notice to UP®.
2. Eligibility & Payment Terms
2.1. Student Pass members must:
• be between the ages of 14 and 16;
• hold a valid student ID;
• and have consent from a parent or guardian.
2.2. Proof of age and student status may be required.
2.3. Student Pass memberships must be paid in full at the time of purchase.
2.4. UP®Pay™ is not available for Student Pass purchases.
2.5. All payments are non-refundable.
3. Unlimited Treatments
3.1. Members receive unlimited underarm laser hair removal treatments during the term of the Student Pass.
3.2. “Unlimited” is subject to clinical safety and suitability as determined by UP®.
4. Cancellation
4.1. Members may cancel by providing 14 days’ written notice.
4.2. No refunds will be issued.
5. Suitability & Appointments
5.1. All suitability, contraindication, and appointment booking provisions outlined in the Unlimited Laser Hair Removal Terms apply.
UP®Pay™ TERMS & CONDITIONS
1. Overview
1.1. UP®Pay™ is a proprietary payment service offered by UP® Clinical Cosmetics.
1.2. It allows eligible clients to split payments for products and services valued at $200 or more.
1.3. All UP®Pay™ arrangements are subject to approval at UP®’s sole discretion.
2. Payment Structure
2.1. Payments may be scheduled weekly, fortnightly, or monthly.
2.2. For single products or services, payments will typically be spread over a period of up to 10 weeks.
2.3. For treatment programmes, payments may be spread across the full duration of the treatment term.
2.4. All payment arrangements are subject to agreement and must be reasonable in relation to the purchase value.
3. Establishment Fee
3.1. A non-refundable establishment fee of $25 applies to all UP®Pay™ arrangements.
3.2. UP® reserves the right to waive this fee at its discretion.
4. Payment Authorisation & Security
4.1. By entering into an UP®Pay™ arrangement, the client authorises UP® to charge the nominated payment method in accordance with the agreed schedule.
4.2. All payment transactions are securely processed using tokenisation technology via Worldline.
4.3. UP® does not store full credit card or payment details.
4.4. Payment information is handled in accordance with industry security standards.
5. Late Payments
5.1. A late payment fee of $5 may be charged for each failed or missed payment.
5.2. UP® reserves the right to retry failed payments.
5.3. UP® may suspend services until the account is brought up to date.
6. Default & Debt Recovery
6.1. In the event of default, the full outstanding balance may become immediately due and payable.
6.2. UP® may engage a third-party debt recovery agency to recover outstanding amounts.
6.3. A debt recovery administration fee of $50 will apply, in addition to any third-party recovery costs incurred.
7. Suspension & Cancellation by UP®
7.1. UP® reserves the right to suspend or cancel any UP®Pay™ arrangement at any time without notice where:
(a) payments are missed or declined;
(b) these Terms are breached;
(c) fraud, misuse, or unlawful activity is suspected;
(d) required to comply with applicable laws or regulations.
7.2. Upon cancellation, the full outstanding balance becomes immediately payable.
8. Verification & Credit Checks
8.1. UP® reserves the right to verify identity and payment details prior to approval.
8.2. UP® may conduct credit checks where reasonably necessary.
GENERAL TERMS AND CONDITIONS
1. General
1.1. This website (Website) is maintained by Black Oak Operations Limited (we, our or us) for the use by any registered or unregistered users of the Website (collectively, you or your).
1.2. The material on the Website resides on a server in New Zealand, and is controlled and operated from our office in New Zealand.
2. Terms
2.1. By accessing or using the Website, you accept, without limitation or qualification, these terms of use (Terms) together with any changes we may make to them and agree to comply by them. If you do not agree to these Terms, please do not use the Website.
2.2. These Terms apply to your use and access of the Website, as well as your submission of any material or communication to us through the Website.
2.3. These Terms do not apply to your use of websites, links or files that we do not own or operate, but to which the Website may link.
2.4. We may change these Terms at any time without notice to you. You should check this page regularly so that you stay informed about the terms and conditions which apply to your use of the Website.
2.5. Some of the provisions of these Terms may also be superseded by provisions or notices published elsewhere on the Website.
3. Products and treatments
3.1. We reserve the right to withhold or refuse service to anyone for any reason at any time.
3.2. We reserve the right to amend our prices for products or treatments at any time.
3.3. We reserve the right to modify or discontinue products or treatments at any time, without notice.
3.4. UP® may make reasonable accommodations in exceptional circumstances at its sole discretion.
3.5. To the maximum extent permitted by law, UP® is not liable for indirect or consequential loss.
4. Booking & Cancellation (Single Appointments)
4.1. A minimum of 48 hours’ notice is required for any cancellation or request to reschedule an appointment.
4.2. If a single appointment is cancelled or rescheduled with less than 48 hours’ notice, 50% of the appointment fee, or a minimum of $40 (whichever is greater), will be charged and any deposit will be forfeited.
4.3. If a client does not attend an appointment without prior notice, 100% of the appointment fee, or a minimum of $40 (whichever is greater), will be charged and any deposit will be forfeited.
4.4. In all other circumstances, deposits are non-refundable but may be credited at UP®’s discretion.
5. Medical Oversight & Clinical Governance
5.1. UP® operates under formal medical oversight provided by New Zealand registered practitioners where applicable.
5.2. Treatments are delivered in accordance with the clinical protocols and safety standards set out in UP®’s Clinical Governance Policy.
5.3. Clients must follow all pre- and post-treatment instructions.
6. Privacy Policy
This privacy policy explains:
• what kind of personal information we collect;
• where we collect personal information from;
• how we use personal information;
• how we store personal information;
• how you can access/amend your personal information;
• how long we hold personal information; and
• who you can contact for further information.
6.1 What we collect
We collect personal information necessary to provide services. This may include your name, address, email address, contact telephone number, treatment history, and relevant medical information.
6.2 Where we collect personal information from
We collect personal information about you by the following means:
• when you contact us enquiring about the products and services we provide;
• when we provide information, products or services to you; and
• indirectly when you use our website, including by storing cookies.
6.3 How we use personal information
We may use your personal information for the following purposes:
• to reply to your queries;
• to provide you with information, products or services;
• to promote our products and services;
• to comply with relevant laws and regulations;
• to assess your credit-worthiness and enforce our payment rights;
• for any specific purpose which we notify you of at the time your personal information is collected; and
• for our administrative purposes.
We may disclose information about you (including your identity):
• to a third party if we are required to do so by law, or in the course of legal proceedings, prospective legal proceedings or other investigations;
• to our service providers to the extent required to provide our information, products and services to you; or
• if we determine that the disclosure is necessary in connection with a complaint regarding your use of our information, products and services or our website.
Where we disclose your personal information to our agents or sub-contractors for these purposes, we ensure that the agent or sub-contractor in question is required to use that personal information in accordance with the terms of this Privacy Policy.
In the event that our business is sold or otherwise transferred to another party, we reserve the right, to the extent permitted by law, to transfer your personal (and non-personal) information to the relevant transferee.
6.4 How we store personal information
We store personal information electronically and in paper based form. The personal information is kept safe and secure using generally accepted standards of security.
We may store information about you using cookies (files which are sent by us to your computer or other access device) which we can access when you visit our website. We do this to understand how our customers use our website and for the administration of the website.
6.5 How you can access/amend your personal information
You may access your personal information that we hold by emailing us at info@upsalons.com. We will provide you with a copy of the personal information we keep about you.
You may request that the personal information we hold about you be corrected by emailing us at info@upsalons.com. If we agree that your personal information is to be corrected we will provide you with an amended record of your personal information.
6.6 How long we hold personal information
We will keep your personal information for only as long as necessary for use in connection with the purpose for which it was collected.
If you have any queries about this Privacy Policy or any personal information we have collected, please contact us.
7. Returns, Shipping, Timings and Delivery
7.1. We currently ship to New Zealand only.
7.2. All orders placed with us will be delivered by Courier Post, New Zealand Post or by a alternative delivery method notified by us. We are currently unable to deliver to PO Boxes or Private Bags. Please visit Courier Post or New Zealand Post for further information.
7.3. Delivery charges include packaging, delivery and if specified, tracking charges.
7.4. We recommend allowing between 4–5 working days from the time of placing an order to receive delivery of products.
7.5 Returns & Exchanges
(a) Faulty or Damaged Goods
If a product is faulty, damaged, or not of acceptable quality in accordance with the Consumer Guarantees Act 1993, we will meet our obligations under the Act. This may include repair, replacement, or refund at our discretion where required by law.
(b) Change of Mind / Incorrect Selection
We do not offer refunds for change of mind or where an incorrect product has been selected at the time of purchase.
At our sole discretion, we may offer an exchange or store credit provided that:
The product is returned within 14 days of delivery;
The item is unopened, unused, and in original packaging;
Proof of purchase is provided; and
The product is in resaleable condition.
Return shipping costs are the responsibility of the purchaser.
(c) Exchanges
Exchanges are permitted for products of equal or greater value.
If the replacement product is of higher value, the purchaser must pay the difference.
If the replacement product is of lower value, any remaining balance will be issued as store credit and will not be refunded in cash.
(d) Refund Method & Processing Fees
Where a refund is approved at our discretion (outside of statutory obligations), the refund amount will be less any non-refundable merchant transaction or payment processing fees incurred by UP® Clinical Cosmetics.
Approved refunds will ordinarily be issued as store credit unless otherwise agreed in writing.
Refunds processed via Stripe or other payment gateways may take 5–10 working days to appear on the original payment method.
(e) Funds Clearance
No exchange, store credit, or refund will be processed until original payment funds have been received and cleared by our payment provider.
8. Intellectual Property and Proprietary Rights Notice
8.1. We own or are the licensee of all intellectual property rights in the Website and the material published on it (Content). These works are protected by New Zealand as well as international property laws including copyright. All such rights are reserved.
8.2. UP, the UP logo, UP®Pay™ and Black Oak names and logos are trade marks owned by us. They may not be used with any products or services other than those products or services offered by us, or in any manner that is likely to cause confusion.
8.3. You may view or temporarily store extracts from the Website which is incidental to your access of the Website for your personal, non-commercial references without addition, alteration or deletion of the relevant Content or any copyright, trade mark or other proprietary notices. Neither title nor any intellectual property rights will be deemed to be transferred to you.
8.4. You must not use, modify, deep-link, frame, reverse-engineer, decompile, convert, copy, reproduce, republish, resell, upload, post, transmit, distribute, or commercially exploit in any way, any of the Content, the Website or any associated intellectual property by any means (whether electronic, mechanical or by information retrieval systems) without obtaining our express, prior written permission, regardless of the intended use.
8.5. You may not use any meta tags or other hidden text, or use any sponsored or paid Google or other search engine sponsored searched results or links that utilise keywords that directly relate to any of our intellectual property without our express, prior written permission.
8.6. You also agree not to directly or indirectly challenge our intellectual property or proprietary rights in the Website, Content of otherwise, or assist any other party to do so.
8.7. To notify us of any suspected infringement of these Terms, please contact us at 1B Halsey Street, Wynyard Quarter, Auckland New Zealand.
9. Use of the Website
9.1. You must not misuse the Website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or try to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
9.2. You acknowledge and agree that any content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you are entirely responsible for any and all of the content that you upload, post, email or otherwise transmit onto the Website (if any).
9.3. Any material that you upload to the Website will be considered non-confidential and non-proprietary and you agree that we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.
10. Anti-Spam
10.1. Publication of electronic addresses on the Website is for the purpose of professional communication only, and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
11. Accuracy and Completeness
11.1. While we have attempted in good faith to ensure that all the Content contained on the Website is accurate at the time it is included, we make no representation or warranties as to the completeness, reliability or accuracy of any of the Content on the Website.
12. Links
12.1. Where the Website contains links to other websites and resources provided by third parties, these links provided do not imply our endorsement, nor are we responsible for the content of any such linked sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. You access such linked sites at your own risk.
12.2. You may link to the Website with our prior written approval.
13. Warranties and Disclaimers
13.1. You use the Website and the Content at your own risk.
13.2. The services, products and the Content on the Website are provided “as is” and without warranties of any kind, whether express or implied. To the maximum extent permitted by law, we disclaim all warranties (express or implied) including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
13.3. Neither we nor any of our licensors or suppliers warrant that your use of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes them available are free of viruses or other harmful components.
13.4. We assume no responsibility for any error, omission interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of your use of the Website or any other third-party websites through hyperlinks. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software failure of any communication with us on account of technical problems or congestion on the internet or at any website(s), or any combination of the above, including any injury or damage to you or any other person’s computer related to or resulting from use of the Website.
13.5. You acknowledge and agree that (if applicable) we are not responsible in any way for any interaction that occurs between you and any other user of the Website.
14. Limitation of Liability
14.1. You release us from all and any liability for using or not using services, products and/or the Content on the Website.
14.2. To the maximum extent permitted by law, neither we nor our suppliers, licensors or any other party involved in creating or delivering the Website will be liable to you or any other person for any direct, indirect, punitive, incidental, special, consequential or other damages whatsoever or however arising out of or in any way connected with your access to, use of, or your inability to use, the Website, the Content or any products and/or services provided on the Website, even if we have been notified of the possibility of such damages.
14.3. Our liability for breach of implied warranties, conditions or undertakings which cannot in law be excluded is limited to NZ$100.
15. Disputes and Governing Law
15.1. The Terms are governed by and interpreted in accordance with the laws of New Zealand, notwithstanding any principles of conflicts of law.
15.2. By using the Website, you agree that any action at law or in equity arising out of or relating to the Terms, the Website, the Content, any products or services described therein will be filed exclusively in the courts of New Zealand, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts.
16. Jurisdiction and Compliance with Laws
16.1. Regardless of where you choose to access the Website from, you do so on your own initiative and agree to comply with all applicable international and local laws, statutes, ordinances, and regulations regarding your use of the Website and the services described therein.
17. Miscellaneous
17.1. If any provision of these Terms are held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
17.2. Possible evidence of use of the Website and the Content for illegal or abusive purposes will be provided to law enforcement authorities.
17.3. Except as otherwise provided in a written agreement signed by us, these Terms represent the entire understanding between you and us regarding your use of the Website, and your submission of any material or communication to us.
17.4. Any failure on our part to enforce any part of these Terms or to exercise any right we may have under these Terms will not constitute a waiver to any extent of our rights.
17.5. We may assign our rights and obligations under these Terms at any time to any party and, if we do, we will be relieved of any further obligations to you under these Terms.
18.COOKIE POLICY
Cookies are small pieces of data that websites store on a device. Cookies are designed to enhance visitors’ browsing experience, remember preferences, and understand how people use different features.
We use analytics and performance cookies to identify unique visitors to our site and the source of this traffic.
19.BUY-NOW, PAY-LATER OPTIONS
UP® offers a range of buy-now, pay-later options for use in-salon and/or online, including ZIP and UP®Pay™. Available for all products and treatments priced at $200 or more in any one transaction.
Buy-now, pay-later options can even be used to buy gift vouchers for you or a friend, making it even easier to spread out the cost of your treatments. Subject to approval.