TERMS AND CONDITIONS

Website Terms and Conditions for Users Regarding the Company 'Your Place Health', a company with ABN 99181864882, and contact email: hello@yourplacehealth.com.au.

These Terms and Conditions control your (hereinafter referred to as "the User") access to the website of the preceding legal recognized organization: Your Place Health (hereinafter referred to as "Provider"), which has the following website link: yourplacehealth.com.au. The User accepts and agrees to observe and comply with the Terms and Conditions as a result of his/her wish to use the Provider's website. Without the express consent of the Provider, the User is not authorized to use or download Content accessed from the Provider's website for marketing or other such purposes, nor is the User authorized to disclose this Content with any outside third parties. Your Place Health is a business that offers 1:1 consults with clients, with packages and programs. Because the Website is open to the public, anybody and everything can be considered a User for the purpose of these Terms and Conditions. The User must always supply the Provider with up-to-date contact details.

Electronic Communications

By using this Website or engaging with the Provider electronically, the User accepts and recognizes that any and all agreements, notifications, disclosures, or other communication conforms with all legal requirements, including but not limited to, the criteria that such communications can be written.

Website

The Provider shall not be liable for any external, third-party links provided on the Website at any point, present or future, and any goods or services purchased, or erroneous information obtained from these outside, third-party connections provided on the Website is at the User's own risk. The Website should not be held accountable or liable for anything relating to third-party websites that may feature on the Website.

As a result, the User recognises and accepts that the Website is not subject to liability, explicitly or implicitly, for any harm or loss caused by access to or use of any information or functionalities from websites such as these.

The Provider is not accountable for security breaches on the User's electronic equipment (Personal Computer or other electronic device used to access the Website), which may be the consequence of inadequate anti-virus software used or obtained by the User on his/her electronic device or generally any damage to the User’s computer system.

Services

Furthermore, the Provider would not be made accountable or liable for anything related to the Provider's services under any circumstances.

The User is hereby advised not to act on anything regarding the Website without first obtaining professional advice specific to the User’s situation and circumstances.

Payment Terms

Payment must be made prior to appointment via debit/credit card, PayPal, processed payment by Stripe or direct bank deposit.

If any payment is dishonored for any reason, the User will be liable for dishonor fees. If the relevant payment remains unpaid, the User will also be liable for any costs and disbursements that the Provider incurs in pursuing the debt (including legal fees on a lawyer and own client basis) and debt collection costs to the extent permissible under relevant legislation.

Missed Consultations and Late Cancellation Fees

Please note that a minimum of 48 hours’ notice is required to cancel or change an appointment. Failure to provide notice will incur a cancellation fee of 50% of the value of the scheduled appointment. A missed consultation is non-refundable, you will be charged 100% of the appointment fee.

Force Majeure

The Provider shall not be held accountable or responsible for or deemed to be in violation of its specified services caused by any event or circumstance, the occurrence and impact of which the party influenced thereby is incapable to prevent and avoid, which include, without limitation, unforeseen events; pandemics, governmental policies, restriction of transportation facilities. As soon as feasible, the Provider should provide the User with a written notification outlining the specifics of the Unforeseen Event that may affect the disruption of a service.

Updating of the Terms and Conditions

The Provider maintains the right to update, adjust, add, insert, or remove portions of, or the entirety of, these Terms and Conditions on a regular basis. Any changes to these Terms and Conditions will become applicable once they are published and made public on this Website. It is the User's obligation to review these Terms and Conditions on the Website occasionally for changes and revisions. The User's continuing use of this Website following the publication of modifications and changes shall be interpreted as the User's explicit acceptance of these Terms and Conditions, along with such changes and adjustments.

Return and Refund Policy

The Provider utilizes external dispensaries for supplements. Refunds and exchanges are subject to the refund policies of these individual suppliers and hence, are not controlled by the Provider.

Copyright and Intellectual Property Rights

On the Website, the Provider provides some information. The Provider and its member companies, such as any subsidiaries that the Provider may have, as well as any external third party, supply the content currently or expected to be placed on this Website, which takes into account but is not limited to Software, Codes, Website Design, Software Programs, Logos, and Brand Names ("the Content"). All such proprietary works, and their compilation, are the form of intellectual property of the Provider and its affiliated companies, including any subsidiary companies that the Provider may have, as well as any outside third party individuals or companies who may have an interest in the above ("the Owners"), and are secured by Australian and worldwide copyright laws. The Owners may, at any time and without notice, alter or modify the Website and/or the Content, as well as the products and/or services offered via the Website. The Owners hold and own all proprietary materials, content, and rights that are either explicitly or implicitly related to the Content. Except as specified in these Terms and Conditions, the User is not permitted to gain a license or any other right in or to the Content, such as under Copyright, Trademark, Patent, or other Intellectual Property Rights among other things.

The User is strictly prohibited from copying, sharing or distributing e-courses or content produced by the Provider and is available via the Website.

Limitation of Liability

The Website and all Content on the Website, including but not limited to any current or prospective offer of products or services, are provided "as is" and may not be completely accurate due to typographical or graphic mistakes. The Owners offer no guarantee or representation regarding the availability, accuracy, or completeness of the Website's Content or any other third-party websites to which the User may access. Neither Provider nor any holding company, affiliate, or subsidiary of Provider shall be held liable for any direct or indirect special, consequential, or other damage of any kind suffered or incurred as a result of accessing, using, or visiting the Content and/or the Website, such as any operations within them, and also including any outside third party links linked explicitly or implicitly, even if the Provider is aware of it. Under no circumstances is the Provider accountable or liable for what and how the Website is used. In essence, the Provider takes no liability for the websites or other functionalities that the User attempts to access via the Website's operation.

As a result, the Provider is not responsible or accountable for any actions or outcomes resulting from the use and service of the Website. The User is completely liable to account for using the Website for any goals, activities, or advantages that he or she chooses.

Choice of Law and Jurisdiction

The Provider controls, operates, and administers this Website from Australia. It is not permitted to visit or use the Website from a location where the Content is illegal. This Website may not be used in contravention of Australian rules and regulations. If the User accesses this Website from a location outside of Australia, the User is responsible for complying with all local laws, including any additional fees associated with deliveries outside of Australia that may be subject to local taxes and fees, and the User consents to the authority of Australia court system in the event of a conflict.

Indemnification of Lawyer Costs, Out-of-Pocket expenses and Liability for Breach 

If the User violates these Terms and Conditions, the violating party must reimburse the Provider for appropriate legal fees and out-of-pocket expenditures incurred as a result of the violation.

The User recognises that adherence with these Terms and Conditions is required to safeguard the Provider's reputation and other intellectual rights, and that a violation of these Terms and Conditions will cause irreversible and ongoing harm to the Provider.

As a result, by using the Website, the User accepts that violation of these Terms and Conditions gives the Provider the right to pursue damages suffered as a result of such breach and/or in relation to such breach.

Indemnity: Therefore, the User agrees to defend, indemnify and keep indemnified, the Provider and its respective employees, agents, representatives, contractors and licensees against any and all claims, demands, obligations, losses, liabilities, costs (including legal fees) or damages incurred and suffered from the use of and access to the Provider’s services, including (without limitation) as a result of any:

●     Breach of this Agreement (including, for the avoidance of any doubt, the Privacy Policy);

●     Violation of any Intellectual Property or other rights of a third party, or privacy right; or

●     Your access or use of the Provider’s services, and/ or Personal Data posted by you through or at the Provider’s services.

This Indemnity clause will survive this Agreement and your use of the Provider’s services.

Severability

If any Clause, or part of a Clause, of these Terms and Conditions is found to be illegal, invalid, or unenforceable by a court or administrative body of competent jurisdiction, the legality, validity, or enforceability of the remainder of the Clause or Paragraph containing the applicable provision shall not be influenced, unless otherwise stipulated under applicable law. If the remainder of the provision is not impacted, the Parties shall use all reasonable efforts to agree within a reasonable time on any lawful variations to the Agreement that may be required to accomplish, to the maximum extent possible, the same effect as the Clause, or part of the Clause, in question.

Entire Agreement

These Terms and Conditions constitute the whole contract between the Provider and the User, superseding all prior written or verbal agreements affecting the User's relationship with the Provider.

Links To Other Websites

The Website may contain connections to outside party websites, online retailers, and individual web pages not owned or managed by the Website. The Provider additionally guarantees that the inclusion of outside, third-party links on the Website is solely for informational purposes and that the Provider will not infringe or breach any third-party copyrighted content or Intellectual Property rights. Because all external, third-party connections are publicly available, the Provider does not require the third party's consent to include their website or links. The Provider shall not abuse the external, third-party connections in any way.

Contact Us

If the User has any concerns or would want to give comments on these Terms & Conditions, simply contact us through email at: hello@yourplacehealth.com.au or via the Contact Us page that is on the Website.

Last Updated: 23 June 2022