Terms & conditions.

GENERAL TERMS

This document sets out the Terms and Conditions you need to be aware of when using this website or purchasing from me. Please take a moment to read them, as they set out your important rights and obligations and it is important that we both know where we stand.

​When you visit this website, use our services or purchase our products you agree that you are over the age of 18 and are acknowledging that you have read, understood and are accepting the following The Holistic Remedy terms and conditions. If you don’t agree, you should not continue to visit this website or purchase from me.

This document may be changed or modified from time to time. Please check back regularly to ensure you are aware of any changes.  There may be additional specific terms of service provided to you in relation to our consulting services or online courses. If there is any inconsistency between this document and those specific terms of service, this document is overruled to the extent of the inconsistency.  All products and services advertised on this website are offered in compliance with Australian Consumer Law.

INTRODUCTION

These terms and conditions, including these General Terms and the Specific Terms in the Annexure (together the ‘Terms’) apply to every client (client, you or your) who uses our information, or purchases or uses Products and/or Services from The Holistic Remedy ABN 16431159900 its contractors, employees, related entities, successors and assigns (we, us, our).

 To the extent of any inconsistency in these Terms, the Specific Terms prevail over the General Terms.

 DEFINITIONS

Capitalised words in these Terms have the meaning given below.

Business means: The Holistic Remedy (Clinic) which includes our dispensary, apocethary and associated online store available at our website www.theholisticremedy.com (Site)].

Products means: health and beauty related products sold in our Clinic or online store available on our Site including without limitation herbs, tonics, supplements, nutraceuticals, homeopathic preparations, food and beverage products, cosmetics, skin care products, baby and pregnancy related goods, gift cards, books, e-books, educational materials other associated products that we make available for our clients to use and/or purchase from us from time to time.

Services means: in-clinic or online consultations with our naturopaths (Consultations) and provision of detailed and personalised treatment plans (Treatment Plans) recommendations, advice, suggestions or proposed actions, both in general and specific to your personal information and other associated services that we may provide to our clients from time to time.

 Please read these Terms carefully. By using our Products and Services, you agree to be bound by these Terms, as well as our Privacy Policy and our Website Terms of Use (collectively our Documents), which are available on our Site and upon request. These Documents govern the legal relationship between you and us in connection with your use of our Products and Services.

In purchasing and/or using our Products and Services, you warrant that you have had sufficient opportunity to access these Terms and contact us, and that you have read, accepted and will comply with our Terms and that you are 18 years or older. If you are under 18 years of old, you must get your parent or legal guardian to read these terms and agree to them for you. If you (or your parent/guardian) do not agree to these Terms, you must stop using our Site and/or our Products and Services.

FEES AND PAYMENTS

Fees: We will inform you of our fees upon request, at time of booking or point of purchase. By continuing to engage us to provide the Services, or by purchasing our Products you agree to pay the required fees, including without limitation any applicable postage and delivery fees (for Products) notified to you, or any cancellation or failure to attend fees (for Services) as set out in these Terms. We will provide you with an invoice for fees charged by us for our Products and Services.

Prices: Unless indicated otherwise, all of our prices for our Products and Services are in Australian dollars. All prices are subject to change with notice. Except as otherwise provided in these Terms, prices for items in an order are fixed once your order has been confirmed.

GST: If and when applicable, Australian Goods and Services Tax (GST) (or an equivalent or replacement goods and services tax) is payable on our Products and Services and if payable, will be set out on our invoices.  By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.

Payments: Unless otherwise indicated on the invoice or agreed by us in writing, all fees must be paid at the time you place an order (for Products) or at the time you book or receive a Service. See the attached Annexures for specific details regarding payment for different Products and Services. We accept payments via cash, Stripe, bank transfer and EFTPOS. We accept all credit cards other than American Express and Diners Club.

REFUND POLICY: If you request a refund for any Product or Service, we request you write or email us a request for refund outlining the amount to be refunded and the reason why you are requesting a refund. We will consider your request and will notify you of the outcome of your request within 14 business days.  Please note that we may refuse to give a refund for any of our Products or Services if you simply change your mind. Please see the attached Annexures for specific details regarding our refund policy for different Products and Services.

DISCLAIMER AND LIMITATION OF LIABILITY

Products and Services: It is your responsibility to ensure that any Product or Service meets your specific and individual requirements. Before purchasing Products from us or engaging us to provide the Services to you, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, including from your primary care physician, counsellor or other healthcare providers where necessary or desirable.

Disclaimer: During the course of providing Products and Services to you, we may give you personalised advice, within the scope of our practice, based on your health goals, pathology & functional testing results and health history. We recommend that you share details of any Treatment Plan we provide, including prescribed supplements and lifestyle recommendations, with your primary care physician or other relevant healthcare providers and discuss the recommendations made by us before undertaking any such recommendations. You are at all times solely responsible for any actions you take, or do not take, as consequence of the recommendations we make to you, and you will hold us and our officers, employees, contractors and representatives, harmless against all losses, costs and expenses in this regard, subject to what is set out below.

General: Subject to the provisions of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) and to the fullest extent permitted by law, we exclude express or implied representations, conditions, warranties, guarantees, terms and similar, relating to these Terms, and any Products or Services supplied by us.

Australian Consumer Law: Certain provisions of the Australian Consumer Law and other statutes, rules and regulations may imply certain non-excludable terms, warranties or conditions for consumers including consumer guarantees (Non-Excludable Conditions). To the extent such conditions cannot be excluded, they are included in these Terms.  Our liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

Limitation of liability: Except for liability in relation to breach of Non-excludable Condition, and to the extent permitted by law, we exclude all liability whatsoever for any loss or damage of any kind including any indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of business profits, use, goodwill, data or other intangible losses, cost of procurement of substitute goods or services, or any other special, indirect, or consequential damages (even if we have been advised of the possibility of such damages) however caused (including negligence) arising out of or in any way connected with the Products and Services.

No Guarantee of Outcomes: We do not make any guarantees or representations as to results or outcomes (including, for example, cure of a particular disease or resolution of any symptom or condition etc.) as a result of using our Products and Services and/or following our advice or recommendations.

INDEMNITY

You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms or the Documents; (iii) any misuse of the Products or Services; (iv) or breach of other laws from or by you.

DISPUTES

You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Products and Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, we own or licences all rights, title and interest (including intellectual property rights) in our Site, information posted on our Site by us and our Services and Treatment Plans. Your use of our Products and Services, and your submission of personal information to us, including your health information, does not grant or transfer to you any rights, title or interest in relation to our Site or the Products and Services whatsoever.

CONFIDENTIAL INFORMATION

Your use of the Products and Services is for personal purposes only. You agree to not distribute, publish, duplicate, copy, create, sell or share portions or all of the Products and Services, use the Products or Services for any commercial purposes or for your own financial gain. You also understand that certain Products and Services (for example e-books or other educational materials written by us) may contain information deemed as confidential by us and you agree not disclose this information without our permission and written consent (which may be withheld in our absolute discretion). We note, this limitation does not include sharing details of your Treatment Plan, recommendations or test results with your primary care physician or other relevant healthcare providers, which we recommend that you do.  

GENERAL

Modifications: We reserve the right to amend in any way we see fit our Products and Services and the Terms under which the Products and Services are offered, including but not limited to the fees of our Products and Services and our refund policy, without prior notice to you. These amended terms will be made available to you on our Site or upon request. You agree that by continuing to use our Products and Services after the date of any amendment to the Terms you are agreeing to the relevant amendments.

Delays: You acknowledge and agree that we are excused from supplying our Products and Services, and other obligations and will not be responsible for any delays where, and so long, as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration.

Severance: If any provision of these Terms is held by a competent authority to be invalid or unenforceable or otherwise becomes illegal, in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.

No waiver: Neither the failure by us nor your failure to enforce any part of these Terms constitutes a waiver of such Terms. Such failure will in no way affect the right to later enforce a part of these Terms.

Notices to you: We may notify you by email, via a general notice on our website www.natuwellbeing.com or by another reliable method to an address or using contact information previously provided by you.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Restricting Access: We reserve the right to restrict or terminate your access to our Services or our Site at any time without notice and we can refuse to sell our Products to you if we choose to do so.

Privacy: We take our obligations of privacy very seriously and comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988(Cth). Our Privacy Policy available here www.natuwellbeing.com sets out the manner in which we treat your personal information, including your health information.

Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

Jurisdiction: Your use of our Products and Services and these Terms are governed by the laws of Victoria. Any dispute arising out of your use of our Services shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.

Our Products and Services may be accessed by clients throughout Australia and overseas.  We make no representation that our Products and Services comply with the laws (including intellectual property laws) of any country outside Australia.  If you purchase or otherwise use our information or Products and Services from outside Australia, you do so at your own risk and are responsible for complying with the laws of that jurisdiction.

For any questions about these Terms, please contact us at:

The Holistic Remedy

ABN 16431159900

info@theholisticremedy.com.au

Last update: 06/2022

Annexure 1

Terms specific to Consultations

1.      Bookings: You can book a consultation with one of our practitioners by calling or emailing our Clinic, booking via our Site and social media platforms, or booking in person while attending our Clinic. Consultations are available in person at our Clinic, by phone or via a Zoom and by any other means agreed by us and you.

2.      Online consultations: Online consultations can be booked via our Site and will be conducted using Zoom. You will be sent a unique meeting link at the time of booking which you will need to use to access the meeting room at your scheduled appointment time.

3.      Reminders: You are responsible for remembering scheduled appointments.

4.      Intake forms and documents: After booking your initial consultation, you will be sent an email which includes a comprehensive health questionnaire and other intake forms for your completion. We require this information in order to understand your background, health history and otherwise provide our Products and Services to you. We require you to complete these intake documents prior to attending your first appointment. If you have any questions or concerns regarding the documentation, please contact us.

5.      Consultation fees: ​Payment amount and method will differ according to each individual product or service. We are currently accepting payments at the time of booking or at the time the service is provided. Payment is accepted via direct bank transfer or Square. We will not record or store your account details.  For paid e-resources, courses, or other paid products offered, payment will be taken prior to delivery of the product. For example, once payment has been made to download an e-book, or to view an on-demand course, the product will be made available once the payment has cleared.

6.      Cancellation or failure to attend: We understand things come up and sometimes you need to cancel or reschedule your appointment. We do however require a minimum of 24 hours’ notice, which enables us to allocate the time to another client. Cancellations made with less than 24 hrs notice, or failure to attend a scheduled appointment, will result in a charge of 100% of the consultation fee and for non prepaid appointments, you will be invoiced. For prepaid consultations, provided you give at least 24 hours notice of cancellation, we will provide a full refund of the fees paid.  We appreciate your consideration of our time and will express the same consideration for yours.

You are responsible for recording your appointment in your diary. We understand that sometimes it is necessary for you to change your appointment.  You have the option to cancel or reschedule your booking at any time up until 24 hours prior to your consult. I respect your time and effort to attend an appointment, so please respect mine too.

If you do not cancel or reschedule your booking within 24 hours of your appointment 50% of the consultation fee will be charged. If you fail to show up for your scheduled appointment without any prior notice, a cancellation fee will be applied amounting to 50% of the consultation fee.

7.      Refunds: Subject to these Terms and any your rights under any applicable Australian Consumer Law, we do not provide a refund for consultations. You are given every opportunity to seek information about our Services and ask questions about the consultation process before making a booking to determine if our Services are right for you and we encourage you to do so prior to booking.

8.      Your obligations: We require you to:

a.      attend all scheduled appointments and be on time for your appointments;

b.     if you need to cancel your appointment, do so in accordance with our cancellation policy, as set out above;

c.      pay the required fees in accordance with these Terms;

d.     be courteous and respectful to our practitioners and staff, and clinic guests at all times;

e.      complete any intake documentation we require and provide accurate and complete information about yourself and update that information as required;

in particular ensure you advise us of all current medical conditions, any known allergies, food intolerances, any medications or supplements you are currently taking, if you are vegan or vegetarian (as some Products are derived from animal origins), if you are pregnant, breastfeeding or trying to conceive.

f.       provide personal information to us as required to enable us to provide the Services to you (which we will collect, use, store and disclose this information according to our Privacy Policy available on our Site);

g.      deal with us in good faith and in compliance with all applicable laws, these Terms and our Documents.  

If you fail to comply with your obligations or these Terms or the Documents, we may at our discretion, cease providing Services to you.

The practitioner shall:

1. Provide health care services consistent with and in accordance with the scope of qualifications and training

2. Consider the health and wellbeing of the patient and have an understanding of the therapeutic nature of the patient and practitioner relationship

3. Treat patients with compassion, respect and have an appreciation of the diversity of human background and cultural values

4. Listen to and identify the concerns of the patient, families and carers

5. Present information accurately and clearly to a patient in accordance with good professional practice

6. Respect the patients right to make decisions about their health care

7. Refer patients to other health service practitioners as appropriate

8. Continue self education to maintain currency of health care services

9. Maintain patient confidentiality in accordance with legal requirements

10. Maintain professional reputation based on integrity and ability

11. Maintain a safe and hygienic practice environment

12. Maintain and keep accurate up-to-date patient records in a secure and confidential manner

13. Abide by the Code of Professional Ethics of the Australian Natural Therapists Association

14. Abide by the Constitution, policies and rules of the Australian Natural Therapists Association

15. Comply with Local, State and Federal laws

DISPUTE RESOLUTION & JURISDICTION

​1) If you have any concerns, issues or complaints arising out of your use of this website, my products or services, or these terms and conditions, you agree to communicate with me with the intention of making a genuine effort to seek a win/win solution, and trying to resolve the dispute through negotiation and discussion.

ii) You are encouraged to contact me via email so that we can attempt to seek a solution.

iii) All information exchanged during this negotiation process or any subsequent dispute resolution process, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by everyone involved and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.

iv) If we are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an independent accredited mediator, seeking online dispute resolution or mediation by telephone if we are not both in Victoria, Australia.

v) The mediator is to be appointed by agreement between us or, failing agreement within 21 days of the negotiation period ending, the person initiating the dispute will seek the appointment of a dispute resolution professional by the President of the Law Society of Victoria or similar neutral authority.

vi) We agree to share all the costs of mediation equally between us.

vii) We agree that neither of us will commence legal action until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.

viii) Everyone involved in the dispute agrees that they will not publicly or privately disparage any other party or anyone associated with them, and will act in good faith to refrain from any conduct or communication which might reasonably be expected to interfere with any other party’s business or personal interests.  

ix) This agreement is subject to the governing law of Victoria. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of Victoria, and the Commonwealth of Australia, will have exclusive jurisdiction.

x) If we are unable to resolve a dispute by negotiation and discussion, you may access the complaints procedure offered by The ANTA here: https://www.australiannaturaltherapistsassociation.com.au

 AUSTRALIAN DISCLOSURE 

​I will also disclose your information if required by law to do so or in circumstances permitted by the Privacy Act. This may include if I have reasonable grounds to suspect that unlawful activity or misconduct of a serious nature relating to my functions or activities has taken place, and in response to a subpoena, discovery request or a court order. I encourage you to get in contact with me if you have any concerns regarding the disclosure of your personal information.

​​

SECURITY

​I take great care to protect your personal information from misuse, interference, loss, and unauthorised access, modification and disclosure.

I manage risks to your personal information by:

Ensuring that only I have access to personal and sensitive information

Storing any hard copy files in secure receptacles

Storing digital files within password protected storage on hard disk and / or cloud storage.

 ​

COMPLAINTS

​If a breach of this Privacy Policy occurs, or if you wish to a request any changes to your personal information, please email me at info@theholisticremedy.com and I will endeavour to respond within forty-eight hours.

​

NOTIFICATION OF CHANGE

​If I decide I need to make any changes to this Privacy Policy, I will include the revised policy on my website.

​

NOTIFICATION OF BREACH

If I have reason to suspect that a serious data breach has occurred and that this may result in harm or loss to you, I will immediately assess the situation and take appropriate remedial action. If I still believe that you are at risk, I will notify the Office of the Information Commissioner and either notify you directly, or if that is not possible, publicise a notification of the breach on this website.

Annexure 2

Terms specific to Products

1.      Ordering and paying for your Products

a.      You may order and/or purchase Products from us in our Clinic, or via our Site. By proceeding with your order, you accept our Terms and Documents.

b.     We may use third party sites, such as Vita.ly, Oborne and others notified to you from time to time to add personalised Product scripts for you. You may order recommended Products from your script by setting up an account, logging in, accessing your scripts and ordering online and paying online. You may repurchase until the script expires.

c.      Payment for all Products will be processed at the time they are ordered or purchased, unless agreed otherwise.

2.      Delivery: Title and risk of loss to all Products will pass to you on delivery. Due to third party sites, each of these providers use different couriers, the estimated delivery times for goods dispensed by them will vary from order to order. Please be mindful that unforeseen shipping delays may occur at any time. It is best to contact the relevant provider directly if you have any queries about your delivery.

3.      Shipping: For any orders we post to you, please note we will charge you a postage fee. This standard delivery fee is approximately $10 Australia wide and may take 2-9 business days to be delivered. Prices can vary. If you have any questions regarding shipping, please contact us.

4.      Damage: If you receive your Product in the post and it is faulty or damaged, please take clear photos of the damaged product and notify us in writing immediately.

5.      Gift cards Gift cards are valid for 12 months from the date of issue unless specified otherwise. Gift cards cannot be returned, refunded or exchanged for cash. Gift card may be used for any Products or Services, but cannot be used for online purchases.

6.      Cancellation policy: If you provide us with written notice of cancellation of your order before we have prepared or posted it then we will cancel your order and not charge you for the Products (or provide a refund if you have already paid for it). If we have already prepared personalised products for you (i.e. personalised herbal or homoeopathic tinctures), you will be unable to cancel the order, and will be unable to provide a refund for that particular Product and /or will require full payment for that Product.

7.      Refund policy: Subject to our refund policy contained in our General Terms, and any applicable laws, including Australian Consumer Laws, please note we do not offer refunds on Products if you simply change your mind.  We also do not offer refunds for any Products that have been opened, used, damaged (by you) or are otherwise unable to be resold by us (including any Products made specifically for you (i.e. personalised herbal or homeopathic formulas) even if unopened or used. If we have processed an order that is incorrect, made without your authorisation, or the Product you received is faulty, damaged or subject to a recall notice, please notify us immediately so that we can work with you to provide a suitable resolution in accordance with these Terms.

8.      Product Recalls: In the situation that a Product is recalled and deemed unsafe, you will have a new product issued to you as soon as possible. This situation is rare but can happen and we will contact you immediately to cease the consumption of the specific product.

9.      Allergies and reactions: Please note some of the Products we sell may contain ingredients that are derived directly from nuts or otherwise contain potential allergens or ingredients that you may react to (gluten, dairy etc). Some herbs or other ingredients may be contraindicated with certain conditions including during pregnancy. It is your responsibility to read through the ingredients list prior to purchase of the Product and to contact us if you are unsure whether a Product is right for you. If you buy a Product and have a reaction to it, please discontinue use and contact us. Please noted we will not be held liable for allergic or adverse reactions. We do not exchange or refund on the basis of allergic or adverse reactions to products.

10. Practitioner-only products and herbal medicines: In order to access and purchase practitioner-only products, you will require a consultation with one of our practitioners prior to purchase.