Terms and Conditions

Last updated: March 05, 2019

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.thehealthlodge.com.au website (the “Service”) operated by The Health Lodge Byron Integrated Medicine (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by The Health Lodge Byron Integrated Medicine.

The Health Lodge Byron Integrated Medicine has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Health Lodge Byron Integrated Medicine shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Contact Us

If you have any questions about these Terms, please contact us. 

In using this website you are deemed to have read and agreed to these Terms and Conditions. The following terminology applies to these Terms and Conditions and any or all Agreements:

  • “You”, “Your” and “Yourself” refers to you, the person accessing this website and accepting Our Terms and Conditions.
  • “Our”, “Ourselves”, “We” and “Us”, refers to The Health Lodge .
  • “Party”, “Parties”, or “Us”, refers to both You and Us, or either You or Us.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of Our assistance to You in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting Your needs in respect of provision of Our stated services/products, in accordance with and subject to, prevailing Australian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy and Confidentiality

We are committed to protecting Your privacy. Our authorised employees, on a need to know basis, only use any information collected from individual customers. We constantly review Our systems and data to ensure the best possible service to Our customers. View Our Privacy Policy on this website for more information.

Exclusions and Limitations

The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, We exclude:

  • all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or Our literature; and
  • all liability for damages arising out of or in connection with Your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Us of the possibility of such potential loss), damage caused to Your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

We do not however exclude liability for death or personal injury caused by Our negligence. The above exclusions and limitations apply only to the extent permitted by law. None of Your statutory rights as a consumer are affected.

Payment

We accept payment via the methods listed when placing an order through our website. All goods, whether physical or digital, remain Our property until paid for in full.

Prices

Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.

Termination of agreements and refunds policy

Both Parties have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded. Products must be proven to be faulty or incorrectly prescribed by Us, if applicable, for a refund to occur.

Availability

Unless otherwise stated, the products and services featured on this website are only available within Australia. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this website. Redistribution or republication of any part of this website or its content is prohibited, including such by framing or other similar or any other means, without Our express written consent. We do not warrant that the service from this website will be uninterrupted, timely or error free, although it is provided to the best of Our ability. By using this website you thereby indemnify Us, Our employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log files

We use IP addresses to analyse trends, administer the website, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, Our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. We do not share this information with third parties and the information is used within Our organisation on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without Your explicit permission.

Cookies

Like most interactive websites, Our website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of Our website to enable the functionality of this area and ease of use for those people visiting. Some of Our affiliate partners may also use cookies.

Links from this website

We do not monitor or review the content of the websites of other parties which are linked to from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these websites. We encourage users to be aware when they leave Our website and to read the privacy statements of all websites. You should evaluate the security and trustworthiness of any other website connected to this website or accessed through this website Yourself, before disclosing any personal information to them. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure to third parties of personal information.

Copyright notice

Copyright and other relevant intellectual property rights exist on all text relating to Our services and the full content of this website.

Communication

We have several different e-mail addresses for different queries. These and other contact details can be found on the Contact page on Our website, via Our literature or via Our stated telephone, facsimile or mobile telephone numbers.

If You have opted in to Our website’s newsletter then We may export and/or synchronise Your information with Our other direct marketing applications as We see fit. You may opt out at any time by signing into Your account and changing Your subscription settings, or follow the unsubscribe/update profile links in Our newsletters.

We may also contact You directly via this website or any other medium necessary to notify You about important updates to Our terms or products, or Your orders.

Force majeure

Neither Party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such Party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or human made eventuality outside of Our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

By accessing this website you consent to these terms and conditions. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure by Us to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by Our duly authorised representatives.

Notification of changes

We reserve the right to change these conditions from time to time as We see fit and Your continued use of this website will signify Your acceptance of any adjustment to these terms. If there are any changes to Our privacy policy, We will announce that these changes have been made on Our home page or on other key pages on Our website. If there are any changes in how We use Our customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to Our privacy policy will be posted on Our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between You and Us. By accessing this website and/or undertaking any particular activity, such as placing orders or submitting forms, indicates Your understanding, agreement to and acceptance of the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.