Terms and Conditions
INTRODUCTION
These terms and conditions apply to every client who uses our information, or purchases or uses Products and/or Services from Aanika Milne Homeopathy ABN 65619070346.
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, which are available both on our Site and upon request. These Terms 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. 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. We accept payments via cash, Paypal, credit card, 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.
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.
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
By using our Products and/or Services, 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 not to 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.
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 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 Policy: 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 on our website sets out the manner in which we treat your personal information, including your health information. Under no circumstances will we sell, rent or give your private information including name, address and email to third parties. We collect name and address information solely for the purpose of the customer communication and delivery of goods.
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 NSW, Australia. 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:
Last update: September 2024