Terms and Conditions

1.  APPLICATION OF TERMS

Thank you for visiting our website. This website is owned and operated by Total Balance Health Care Pty Ltd ACN 134 353 521 trading as Total Balance Healthcare (ABN 71 134 353 521).

By accessing and/or using our website and related products and services, you agree to be bound by the Terms. If you do not agree to these Terms you are not authorised to access and use the Website, and you must immediately stop doing so.

These Terms and Conditions apply to your use of www.totalbalancehealth.com.au (Website).

You agree to be bound by these Terms when you:

Use the Website
Use or obtain our Services;
Obtain or order Products from us; or
Register an account through the Website.

We may amend these Term from time to time and these changes will be deemed to be immediately incorporated into and form part of these Terms. By continuing to visit and use our website and purchase our Products and Services, you will signify your agreement to be bound by the amended Terms. We encourage you to read our Terms and check back often.

2. ABILITY TO ACCEPT TERMS

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

3.  REGISTRATION

You may need to be a registered member to make orders or access certain content on our Website.

You may complete the customer registration process to create an account with us through the Website before placing an order for Products. Any Personal Information that you give us to create your account will be held and used by us in accordance with our Privacy Policy.

When you register and activate your account, we will provide you with a unique username and password.  You are responsible for keeping the username and password secure and are responsible for all use and activity carried out under your username.

You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Website.

4.  COLLECTION OF PERSONAL INFORMATION

We may collect Personal Information about you in order to provide our Products and Services, such as responding to your enquiry or processing a request, and for other purposes as detailed in our Privacy Policy.

We may disclose that information to third parties that help us perform any Services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services and Products to you.

Our Privacy Policy explains:

how we store and use, and how you may access and correct your Personal Information;
how you can lodge a complaint regarding the handling of your Personal Information; and
how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact our Customer Service Team (see clause 23 – Feedback for details).

By providing your Personal Information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

5. PRODUCTS & SERVICES

We offer all Services and Products as set out on the Website.

We reserve the right to amend the prices of our Services and Products at any time.

All items are subject to availability. We will inform you as soon as possible if the Products you have ordered are not available.

6.  PAYMENT

We will charge you the following:

The purchase price of each Product;
Any delivery fee for delivering the Products; and
Any other fees and charges set out in these Terms.

All prices, fees and charges identified on the Website or in these Term are in Australian Dollars (AUD) and are inclusive of GST (unless otherwise indicated).

We accept payment via the following payment methods:

Paypal
selected credit cards such as Mastercard and Visa
transfer to our bank account number

7.  ORDERING PRODUCTS

You may order Products by submitting and order through the Website in accordance with these Terms.

Any order placed through the Website is an offer by you to purchase the particular Product for the price specified on the Website (plus any delivery and other necessary fee) at the time you place the order.

You agree to provide us with current, complete and accurate details to enable us to fulfil any order placed on the Website.

Orders made through the Website will be fulfilled and delivered by a third party.  By ordering any Product, you consent to us disclosing your Personal Information (to the extent reasonably necessary) to fulfil any order.

From time to time Products may become unavailable.  In certain circumstances we may be able to offer a substitute product.  If you do not want us to substitute any Product, please indicate this in your checkout cart prior to payment.

8. ACCEPTING ORDERS

We reserve the right to accept or reject your order for any reason, including (without limitation), if:

The Product is not available;
There is an error in the price or Product description; or
We deem the order to be in violation of these Terms.

Each order placed for Products results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in accordance with these Terms.

If we reject an order placed through the Website, then we will take steps to notify you of that rejection within a reasonable time after you submit your order.

9.  CANCELLATION, DELAY OR SUBSTITUTION

Prior to the dispatch of any order, we may cancel all or any part of an order without any liability to you for that cancellation if:

The Product is not available;
There is an error in the price or Product description; or
We deem the order to be in violation of these Terms.

Where the order cannot be fulfilled because the Product is not available, we will give you the option to cancel or be provided with a refund unless you have indicated that the Product may be substituted for a comparable product.

We try to provide a suitable substitution to the Product, but if you are not satisfied with any substitute provided, please contact our customer service team (see clause 23 – Feedback for details).

If we cancel an order placed through the Website, then we will take steps to notify you of that cancellation within a reasonable time after you submit your order.

10. DELIVERY- POSTAGE

Please allow at least 5-10 working days for delivery from the receipt and payment of your order.

You can follow your delivery with the track and trace number provided with your order confirmation.

Please note that delivery times are estimates only and subject to the availability of our suppliers. Delivery times during peak seasons such as Christmas, and for remote and regional areas may be longer.

Delivery estimates are subject to change. We accept no liability for late or delayed delivery of your order.

11.  DELIVERY – ONLINE PRODUCTS AND SERVICES

Delivery will occur upon receipt of payment for all Products delivered online.

We disclaim all responsibility from failure of any electronic delivery as a result of any failure in the network service provider or any network protection system which may block delivery.

Given the nature of downloadable Products, we do not offer returns or refunds on downloaded items unless required under Australian Consumer law. If your downloaded Product is faulty or significantly different that described, please contact our Customer Service Team (see clause 23 – Feedback for details).

From time to time we may release updates to our videos. Where there is any change to a program, we may notify users via a notice on our website or via email. Once an update is made available, users will be able to access and download the update/s from our website.

12. COLOUR REPRODUCTION

Total Balance Healthcare makes every effort to display as accurately as possible the colours of our Products on this website. However, as monitors differ, we can’t guarantee that your monitor’s display of any colour will be accurate.

13.   REFUNDS & RETURNS

We do not accept returns or provide refunds for change of mind.

Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law.  Nothing in these Terms purports to modify or exclude the conditions, warranties, undertaking and legal rights under the Competition and Consumer Act 2010 (Cth) and other local laws. Any and all other warranties or conditions which are not guaranteed by the Australian Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

If your Product is faulty or not substantially as described we will take all reasonable steps to either replace, repair or refund the item.

To initiate a return, please contact our Customer Service Team (see clause 23 – Feedback for details).

Unless returning the Product is substantially burdensome, you are responsible for the shipping costs of all returned Products. We accept no liability for lost deliveries. We recommend you send your product with tracking to ensure the package is delivered to us.

14.  APPOINTMENT BOOKINGS AND CANCELLATION

Bookings will not be effective until confirmed in writing by us.

If you wish to cancel or reschedule the following fees will apply:

Less than 24 hours’ notice of cancellation or rescheduling: a cancellation fee equal to 50% of the booking will be payable.
Any deposit paid will be forfeited upon cancellation by you and will be used to satisfy the cancellation fee payable (or part thereof).
A cancellation fee will apply regardless of whether a deposit has been received.
If our Service is cancelled by us, no cancellation fee will be payable and you may have the option of rescheduling or receiving a refund in full with no deductions or fees applicable.

15. INTELLECTUAL PROPERTY

The Website and its content (including any video content) and our Products contain intellectual property owned by us, including trademarks, copyrights, proprietary information and other intellectual property.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.

16.  DISCLAIMERS

To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss.

Products and Services are provided ‘as is’ and on an ‘as available’ basis without any representation or endorsement made and without warranty of any kind, whether expressed or implied. We make no representation or warranty that the Website or any Products or Services offered (including any video content) is appropriate or available for use in all countries or that the content, products or services satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website or our Product and or Services is not illegal or prohibited, and for your own compliance with applicable local laws.

Every attempt has been made to list the ingredients, and vegan/gluten free status on each Product to the best of our ability, these are to be used as a guide only and are not guaranteed.

The Products we offer on our Website may not be right for you. Always read the label, warnings and instructions for use, before purchase or use. Where Products do not come where instructions, you agree to take steps to ensure safe and appropriate use of the Products.

Vitamin and mineral supplements or creams should not replace a balanced diet. It is imperative that all Products are used only in the manner for which they are intended, and that care and common sense are used when using our Products. To the extent permitted by law, we do not accept any liability for, and are not responsible for, any damage, loss or injury caused by the use or misuse of our Products or Services.

The Website, our Products, Services and all blog articles, resources, tools, and other resources on the Website including videos, are educational and informational resources only and are not a substitute for any kind of professional or specialist advice. We cannot guarantee the outcome of following any recommendations provided and any statements made regarding the potential outcomes are expressions of opinion only.

By continuing to use and read our Website and all blog articles, resources, tools, and other resources including videos, and by buying and using our Products or Services, you acknowledge that we cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on our Website and in our blog articles, resources, tools, videos and other resources, and using our Products or Services, is at your own risk.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

The videos on our Website have been made available for informational and educational purposes only. We do not make any representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the videos or the content of those videos, nor do we warrant the performance, effectiveness or applicability of any sites listed or linked to in any of our videos.

Any video content available on the Website is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on the Site.

We hereby disclaim any and all liability to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of our video content, which is provided as is, and without warranties.

17.  THIRD PARTY WEBSITES

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

18.  LIABILITY

To the maximum extent permitted by law:

you access and use the Website at your own risk; and
we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

19.  ACCEPTABLE USE POLICY

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

any act that would constitute a breach of privacy or any legal rights of any other person;
use this website to defame any person or entity;
use the Website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
upload any virus, malware or other malicious software that is, or is likely to be detrimental to or in violation of our systems or a third party’s systems or network security;
knowingly transmit any viruses, worms, defects, Trojan horses or similar disabling or malicious code to the Website;
posting, commenting or otherwise transmitting any unauthorised material including, but not limited to any material that is likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise deemed, in our exclusive opinion unacceptable.

20.   SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

21.  GENERAL

If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the Courts of Victoria, Australia in relation to any dispute connected with these Terms or the Website.

For us to waive a right under these Terms, the waiver must be in writing.

Clauses which, by their nature, are intended to survive termination of these Terms, including clauses, 15, 16, 17 continue in force.

If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

22.  DEFINITIONS

In these Terms:

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.

Personal Information means information about an identifiable, living person.

Privacy Policy means our Privacy Policy available on our Website at Privacy Policy.

Product means any goods advertised for sale or use on the Website, including any video content.

Services means any services offered by us on the Website.

You means you or, both you and the person on whose behalf you are acting.

23.  FEEDBACK

If you need to contact our Customer Service Team, or have any feedback or complaint, please contact us on (03) 9773 8085 or email us at hello@totalbalancehealth.com.au.

 

Website Disclaimers
No Warranties
This website is provided “as is” without any representations or warranties, express or implied. Total Balance Health makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Total Balance Health does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.
Limitations of liability
Total Balance Health will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, 
loss of contracts or business relationships, loss of reputation or goodwill, or loss 
or corruption of information or data.
These limitations of liability apply even if Total Balance Health has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Total Balance Health’s liability in respect of any:

death or personal injury caused by Total Balance Health’s negligence;
fraud or fraudulent misrepresentation on the part of Total Balance Health; or
matter which it would be illegal or unlawful for Total Balance Health to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 
If you do not think they are reasonable, you must not use this website.

Other parties
You accept that, as a limited liability entity, Total Balance Health has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Total Balance Health’s officers or employees in respect of any losses you suffer in connection with the website. 
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Total Balance Health’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Total Balance Health.

Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Credit
This document was created using a Contractology template available at Freenetlaw.com.