Caci Membership Agreement

When you come to Caci and sign up to a membership with us, you will also sign a Membership Agreement. By purchasing your membership online (Pay it off or Pay it now) you are agreeing to the terms of this Membership Agreement.

Updated: May 2023 

 

Membership Agreement

We need to make sure you understand the terms of this agreement. Throughout these terms references to ‘I’ and ‘me’ are to you, the purchaser of My Membership.

‘I’ have agreed to purchase a Membership from My Caci (Caci location) 
Starting from the Membership Start Date: 

1. A summary of our Memberships:

• Amerase: Anti-Wrinkle Injectables
• Amerase: Dermal Filler
• Amerase: Profhilo®
• ChillSculpt
• Freedom
• Reformaskin: Skin Health Plan
• Reformaskin: Blemish Bootcamp
• Reformaskin: Rebuild
• Reformaskin: Restructure

2. I will pay for My Membership by either:
i. Pre-payment of My Membership must be paid in full at the commencement of My Membership.
ii. Direct debits: If paying by direct debit, the breakdown of payments is outlined in my separate agreement with Membership Services Limited (MSL). I consent to my personal information, including my driver’s licence, being collected, used and disclosed for the purposes of carrying out a credit check, and, in the event of non-payment, being used and disclosed for debt recovery purposes, including but not limited to disclosure to a credit reporting agency for the purposes of listing a default

3. My Membership gives me access to 20% off beauty therapy treatments and advanced skin treatments, and 10% off Skinsmiths skincare. Some memberships also include complimentary Treats. If My Membership is eligible for Treats, I will receive 1 Treat for every $500 paid.

Paying for Membership
4. If an open membership; My Membership is ongoing and will continue on my selected payment frequency unless and until I notify My Caci clinic in writing to cancel My Membership.

5. If a fixed term membership; My Membership will continue for the duration of the term unless I notify my Caci clinic in writing to cancel My Membership.

6. If I have elected to pay for My Membership by regular direct debits, I accept and understand that:
i. The direct debit arrangement is with an elected third party that Caci has nominated and that I am responsible for managing the payments by direct debit in accordance with the third party’s terms and conditions which I have been provided prior to signing this Membership Agreement.
ii. I understand there is an initial setup fee and individual payment fees for each transaction as part of My Membership.
iii. I am under a contractual obligation to complete the direct debit payments specified in the payment authority documentation.
iv. I am required to notify My Caci clinic location in writing of any account information changes at least 3 working days prior to the next scheduled direct debit electronic funds transfer (EFT) date.
v. If I miss a direct debit payment, I understand there will be fees incurred. All costs incurred by My Caci clinic because of a default by me including but not limited to administration charges (e.g. reprocessing fees), debt collection costs and legal costs as between solicitor and myself shall be payable by myself.
vi. I understand that if a missed direct debit payment is not rectified within 14 days, My Membership may be terminated by Caci and any owing funds will still be due.
vii. Caci’s elected direct debit provider will make reasonable effort to inform me of failed payments by either the phone number or email address I provided on the MSL Payment Authority Form.

My Treatment Plan
7. I understand that My Membership is non-transferable between customers and/or Caci locations.

8. If I choose to change to a new Caci location (with the prior written consent of My Caci clinic and the Caci clinic at the new location), I agree that any of my personal information held by My Caci clinic may be transferred to the new Caci clinic.

9. If My Membership has a fixed term and I have not used all my treatments or credit on account, these must be used within 6 months of the Membership end date. If I do not use the treatments within this timeframe, and there has been reasonable attempts made by My Clinic to service the scheduled treatments, I accept these treatments and/or credit will be void and no refund will be provided to me for treatments not received and/or credit not used.

10. If My Membership is interrupted by an event of force majeure or causes beyond My Caci’s reasonable control, services outstanding will be delivered when reasonably possible.

11. I understand that I must let my Treatment Provider know of any medical condition changes that may mean I am unable to continue with My Membership (for example, medications, pregnancy, menopause).

12. I acknowledge that I will achieve the best results if I keep to the recommended treatment schedule as advised by my Treatment Provider, and I follow the prescribed before and aftercare. I will also attend regular Check Ins as advised by my Treatment Provider.

My Treats
13. Treat Menu Terms and Conditions:
i. If My Membership includes complimentary treats, I will earn 1 treat for every $500 paid. Treats do not apply to the Amerase Profhilo® Initial treatment membership if I am an existing member. Treats do not apply to the following Reformaskin treatment plans; Blemish Bootcamp, Rebuild or Restructure.
ii. Treats cannot be used as part payment for other services outside the Treat Menu.
iii. Treat appointments are up to 30 minutes.
iv. 48 hours’ notice is required for a cancellation/change to a Treat appointment. I acknowledge that if I cancel an appointment on the day or I do not show up for a scheduled appointment, that this is a time cost to my Treatment Provider. Therefore, at the clinic’s discretion, if I do not attend a scheduled appointment without notifying my Treatment Provider at least 48 hours prior to its commencement time, I will forfeit that treatment from My Membership allocation.
v. Treats cannot be used outside the term of My Membership.

Cooling off period
14. If I change my mind within 7 days from the Membership Start Date, I understand that I may cancel My Membership. I understand I must inform My Caci clinic in writing before the cancellation can be actioned.

Cancellations and Suspensions
15. If I need to cancel My Membership, I must inform My Caci clinic in writing with at least 7 days’ notice before the cancellation can be actioned. If I do not give My Caci clinic 7 days’ written notice, my payments may continue until I have provided notice, as above.

16. If I need to cancel My Membership, My Caci clinic will calculate the price of any treatments and product received at the membership rate and reconcile this against the payments I have made, and I will be liable for any underpayment.

17. If I am unable to continue with My Membership, I may cancel, or put it on hold as explained below:
i. I may put My Membership on hold for a minimum of 30 days and a maximum of 3 months.
ii. If I am paying by direct debit, a minimum of one payment must have been made before My Membership is eligible to be put on hold.
iii. While My Membership is on hold, I cannot use any Membership services or benefits for the duration of the hold period.
iv. At the end of my hold period, my payments will continue with my next scheduled electronic funds transfer (EFT) date.
v. My Membership must be active for a minimum of 30 days before it can be put on hold again.
vi. Suspensions cannot be backdated.
vii. Due to the nature of laser hair removal treatments, if you need to put your Freedom Laser Hair Removal Membership on hold your ‘up to 80% hair reduction guarantee’ (to the extent you are eligible for this guarantee) will be void.
viii. For hygiene purposes, any retail products received as part of, or in connection with, My Membership, whether or not they have been used, are not refundable on cancellation of My Membership.

18. I understand I am responsible for ensuring my contact details are correct, at all times. If I have not visited My Caci clinic and I am unable to be contacted for a period of 6 months, with reasonable attempts made to contact me by phone, text message and email, My Membership can be cancelled by My Caci clinic. If My Caci clinic decides to cancel My Membership; Caci will provide at least 30 days written notice that My Membership will be cancelled. On cancellation of My Membership my direct debit (if any) will be cancelled and any money owing to me will be placed in a hold account for a further period of 6 months. If I fail to communicate with Caci during the 6 month period, I acknowledge and understand that monies held in the hold account will not be returned to me. After 6 months, Caci reserve the right to transfer monies in credit to any other Membership I have with Caci that is owing money.

Verification, Credit Check and Defaults
19. If I have elected to pay for My Membership by regular direct debits, I consent to My Caci clinic collecting, using and disclosing my personal information for the following purposes:
i. Verifying my information, including my driver’s licence, with third parties and third party databases for purposes related to administering My Membership with us, including for fraud prevention and complying with the Anti-Money Laundering and Countering Financing Terrorism Act 2009.
ii. Carrying out a credit check with a credit reporting agency to determine whether or not I may pay by direct debit (including debt collection). The credit reporting agency, may hold my information on their credit reporting database and use it for providing credit reporting services and for any other lawful purpose and they may disclose my information to their subscribers for the purpose of credit checking or debt collection or for any other lawful purpose.
iii. Debt recovery including appointing an agent to collect any outstanding debts and listing defaults with a credit reporting agency.

General
20. To the maximum extent permitted by law, Caci reserves the right to change clinic rules, regulations or My Membership privileges at any time on reasonable notice. If there are changes made to the price list, including but not limited to membership services and retail products, Caci will give me reasonable notice of the changes to occur. The latest applicable terms and conditions are available on caci.co.nz

21. This Membership Agreement between the parties supersedes any prior understandings or agreements of the parties whether written or oral, express or implied with respect to its subject matter. Subject to clause 20, this Agreement may not be amended or modified except in a writing, with any amendments signed by both parties.

22. All notices and other communications required or permitted under this Membership Agreement shall be in writing and shall either be delivered personally, sent by registered post, or sent by email or text message. Any such notice shall be deemed given when so delivered personally or sent by email transmission or text message to the email address or mobile phone number (respectively) most recently provided for such purpose, or 3 working days after sending by registered post.

23. Caci (the franchisee specified in this Membership Agreement) and Fab NZ Limited (as Franchisor) hold personal information about me that I provide to Caci including information contained in the forms I complete, photos taken for treatments, products and services (together the “Services”) that Caci provides to me and this includes patient records. Any information collected by Caci and Fab NZ Limited may be used for the purposes of their respective business operations and activities (including communicating with me relating to any aspect of the Services provided and for the proper maintenance of professional and legal records). I agree that Caci and Fab NZ Limited may share any personal information collected from me with each other, and any other company directly or indirectly owned and/or controlled by Fab NZ Limited or its related companies that I am interacting with or have a business relationship with, for the purposes set out above. I acknowledge and understand that if I do not provide requested personal/health information, Caci may not be able to provide requested services. I also understand that under the Privacy Act 2020 and the Health Information Privacy Code 2020, I have the right to access, and request correction of, personal/health information held about me. I may also request details of the organisations to whom my personal/health information has been disclosed.

Individual Membership Terms and Conditions
24. There are more terms and conditions which apply to each of Caci’s Memberships; these additional terms also form part of this Membership Agreement:

ChillSculpt®: Body Shaping Membership
1. Caci does not guarantee results.

2. Results vary between customers. Best results are achieved when combined with a healthy lifestyle and diet.

3. For best results, Caci recommends 6+ treatments per body area treated.

4. ChillSculpt® treatments must be a minimum of 5 weeks apart, when treating the same body area.

5. My ChillSculpt® Membership entitles me to a set number of ChillSculpt® treatments, as outlined in the membership table (Page 1).

6. The number of ChillSculpt® treatments My Membership entitles me to can be increased should I require more. This will incur a consequent increase in the price of My Membership (which can be paid either by a one-off lump sum or an increase in the regular direct debit payment amounts).

7. I understand that photos and body measurements (including weight) will be taken before the initial treatment and at subsequent review appointments.

8. I understand that before I am able to start My ChillSculpt® Membership, I will have a consultation with the Registered Nurse to assess and confirm suitability and eligibility for treatment.

Freedom®: Hair Removal Membership
1. My Freedom® Membership entitles me to a fixed term (12-month) hair removal treatment plan, aiming for up to 80% reduction in hair.

2. Some hair colours and skin colours may not be treated; A Fitzpatrick Assessment will be completed to assess my suitability for treatment.

3. Some underlying medical conditions may adversely affect the opportunity of long-term results and make you ineligible for the Freedom guarantee.

4. I understand if I am having 2 or more body areas treated, the treatment cycle may differ, and I must keep to the recommended treatment intervals throughout My Membership.

5. I acknowledge that if I am eligible for laser hair removal treatments, the guarantee will be determined by my Treatment Advisor.

6. To be eligible for the Freedom Guarantee, the Ferriman Gallwey Assessment is used to assess hormonal influence of hair growth.
i. If the score is 1 or 2 (Low-Medium hormonal influence), I am eligible to receive the Freedom
Guarantee.
ii. If the score is 3 or 4 (High hormonal influence), I am not eligible to receive the Freedom Guarantee.
iii. Facial hair treatments are not eligible for the guarantee due to the hormonal influence on hair growth.

7. If I am eligible for the Freedom Guarantee and I do not achieve up to an 80% hair reduction as assessed at my final review at the end of initial fixed term (12 month) Membership, my Guarantee Period will start. Guarantee Terms:
i. I must keep to the recommended treatment intervals throughout My Membership and during the Guarantee Period.
ii. The Guarantee cannot be transferred between members and/or Caci clinics.
iii. The Guarantee is only valid for the initial body area that has been agreed to be treated.
iv. If I need to put My Membership on hold for any reason, my Guarantee will be void.
v. If required, the Guarantee Period will start immediately following the end of the initial fixed term (12 month) Membership.
vi. During the Guarantee Period, I will receive up to an additional 5 treatments over 12 months.

Amerase®: Appearance Medicine Membership
1. My Amerase Membership entitles me to anti-wrinkle, and/or dermal filler and/or Profhilo® units prescribed and administered by a Caci Registered Nurse as outlined in the membership table (Page 1). They will decide, after consultation with you, on the dosage and placement of the product.

2. The number of anti-wrinkle, and/or dermal filler and/or Profhilo® units in My Membership can be increased if I require more (after consultation with a Caci Registered Nurse). This will incur a consequent increase in the price of My Membership (which can be paid either by a one-off lump sum or an increase in the regular direct debit payment amounts, which may incur an additional deposit and an increase to direct debit payments).

Reformaskin®: Skin Treatment Membership
1. My Reformaskin® Membership may include Microdermabrasion, Hydradermabrasion, Fractional CO2 Laser, Laser Rejuvenation, Microneedling, Skincare Infusion, Caci Non-Surgical Facelift, Light Therapy, topical treatments and skincare.

2. My Reformaskin® Membership treatments and skincare recommendations will be provided after
consultation, based on my skin concerns. Results vary between customers.

3. I will achieve the best results if I keep to the recommended treatment schedule and attend regular Check Ins as advised by my Treatment Provider, and if I follow the prescribed before and aftercare for my skin.

4. I understand if I am/want to be on a Rebuild or Restructure Membership, I must also be on a Skin Health Plan.

5. If I am a new customer, on a Blemish Bootcamp, I understand that I will automatically start on a Skin Health Plan at the end of the 8 week Blemish Bootcamp and if paying by direct debit my payments will reduce to my Skin Health Plan.