Last updated: October 2024

These Terms and Conditions (“Ts&Cs”) serve as a binding contract between you and Alecia, referred to as “we,” “us,” or “our” in the following sections. If you are under the age of 18, please ensure that a parent or guardian reviews and agrees to these Ts&Cs on your behalf, with “you” encompassing both yourself and your parent/guardian.

These Ts&Cs apply when you purchase products and/or services from us. We encourage you to read these Ts&Cs carefully, along with any additional rules or guidelines posted on our website or communicated to you. Together, these documents will be referred to as the “Terms.”

1. Your Responsibilities

1.1 What You Must Do: We require you to:

• Attend your consultations punctually.

• Treat our practitioners, staff, and fellow clients with respect and courtesy at all times.

• Complete any required intake and follow-up forms, ensuring the accuracy and completeness of the information provided about yourself (or your child, if you are a parent or guardian). This includes disclosing all current medical conditions, known allergies, food intolerances, medications, or supplements, any recent vaccinations, dietary preferences (e.g., vegan or vegetarian), and pregnancy status.

• Adhere to any health and safety rules and guidelines communicated by us.

• Engage with us in good faith.

• Comply with all applicable laws and these Terms.

1.2 International Orders: If you are based outside of Australia, it is your responsibility to ensure that the products and services you order are permitted for import and use in your region. We will not be liable for any issues arising from local laws that prevent your orders from being delivered.

1.3 Refusal of Service: We reserve the right to refuse service at our discretion if you do not comply with these Terms.

2. Fees and Payment Terms

2.1 Orders Subject to Availability: All orders are subject to our acceptance and the availability of products. A contract is formed only when we accept your order.

2.2 Third-Party Orders: We are not responsible for any purchases made from third-party suppliers. If you order from them, you must comply with their terms and any applicable laws.

2.3 Fees: The fees for our products and services are outlined on our website or provided in writing. All fees are quoted in Australian dollars. If GST is applicable, it will be added to the total fee. We reserve the right to modify our fees with notice. For international orders, you are responsible for any customs duties or import taxes.

2.4 Payment Terms: Our payment terms vary based on the products or services you purchase. You agree to pay in accordance with the terms provided. Invoices are due 48 hours after being issued.

3. Warranties

3.1 Notification of Issues with Products: If you experience any issues with your order (e.g., damage, shortages, incorrect items):

• For products purchased from us, you must notify us within seven (7) days of delivery. Provide proof of purchase and details of the issue. If returns are necessary, you will bear the cost of transport.

• For products purchased from third parties, you should contact the supplier directly.

3.2 Statutory Rights: Our liability is not limited by any statutory rights you may have under the Australian Consumer Law (ACL).

3.3 Delivery and Risk: Risk of loss or damage transfers to you upon delivery to the carrier.

3.4 Consumer Guarantees: Our products and services are subject to guarantees that cannot be excluded under the ACL. For significant failures, you have the right to cancel your service contract and seek a refund for the unused portion or a replacement. If a failure does not constitute a major failure, you are entitled to rectification within a reasonable timeframe.

3.5 Refund Policy: Refunds are provided only for unfulfilled orders or as agreed in writing. Please choose carefully, as refunds are not granted for changes of mind.

3.6 Warranty: We warrant that our services will be free from defects in materials and workmanship under normal use. For products, this warranty is valid until the expiration or best before date indicated.

3.7 Allergy and Reaction Liability: Some products may contain allergens or ingredients you may react to. It is your responsibility to read ingredient lists carefully. We are not liable for allergic reactions or adverse effects and do not offer exchanges or refunds on these grounds.

3.8 Limitation of Liability: Our liability is limited to the options outlined in this section.

3.9 Return Policy: Returns will not be accepted for items not stored or used properly, altered goods, items not in their original packaging, or if guidelines were not followed.

3.10 Product Descriptions: Product descriptions are provided for identification purposes and do not constitute a warranty.

3.11 No Guaranteed Outcomes: Health and wellness outcomes vary by individual circumstances. We do not guarantee specific results or improvements from our products and services.

3.12 Consequential Loss: We are not liable for any indirect, consequential, or special losses.

3.13 Your Liability: If you breach these Terms or incur liabilities related to your use of our products and services, you will be responsible for our costs, including legal fees.

4. Intellectual Property Rights

4.1 Ownership: We retain all rights, title, and interest in any information provided through our products and services. Your use does not grant you any rights to our intellectual property.

5. Confidentiality

5.1 Use for Personal Purposes: Our products and services are intended for personal use. You agree not to reproduce or distribute them for commercial purposes without our written consent. This does not apply to sharing information with your primary healthcare provider.

6. Dispute Resolution

6.1 Cooperation: You agree to cooperate in any disputes or investigations that arise from your use of our products and services, including inaccuracies in the information provided.

7. General

7.1 Disclaimer: We provide information and guidance within our expertise, but it is not a substitute for medical advice. You should consult your healthcare provider for any medical concerns.

7.2 Privacy: We handle your personal information according to our privacy policy, which is available on our website.

7.3 Force Majeure: We are not liable for failures to perform obligations due to events beyond our control, such as pandemics or natural disasters.

7.4 Exclusion of the Vienna Sales Convention: The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

7.5 Entire Agreement: These Terms constitute the entire understanding between the parties and supersede any prior agreements.

7.6 Governing Law: These Terms are governed by the laws of Queensland, Australia. Both parties submit to the non-exclusive jurisdiction of its courts.

8. Definitions

8.1 Definitions:

• ACL: Australian Consumer Law under the Competition and Consumer Act 2010 (Cth).

• Associate: Employees, officers, directors, contractors, and agents of a party.

• Business Day: Any day that is not a Saturday, Sunday, or public holiday in Queensland.

• Consequential Loss: Indirect, consequential, or remote losses, including loss of profit or reputation.

• Consumer: As defined in the ACL.

• Fee: The amount payable for our products and services.

• Force Majeure: Events beyond reasonable control that prevent fulfillment of obligations.

• GST: Goods and Services Tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

• Intellectual Property Rights: All intellectual property rights including copyright, patents, and trademarks.

• Minimum Notice: Required notice period for canceling a consultation.

• Privacy Policy: Our privacy policy available on our website.

• Products: Any health-related products offered for sale by us.

• Services: Any health and wellness services provided by us.

Attachments

Products

1. Ordering Products: Products can be ordered through our website.

2. Practitioner-Only Products: Access to certain products requires a consultation with one of our practitioners prior to purchase.

3. Delivery: Products will be delivered to the address you provide. Delivery dates are estimates, and we will not be liable for any loss from delays.

4. Product Recalls: In the rare event of a product recall, you will receive a replacement or a refund.

Services

1. Consultations:

   • Booking: Consultations can be booked via phone, email, or online.

   • Fees: First-time clients must pay in advance.

   • Cancellations: Cancellations with less than the Minimum Notice will incur a 100% fee.

   • Our Cancellations: We will notify you if we need to cancel and will refund any pre-paid fees.

2. Testing:

   • We may offer tests either in our clinic or through third-party providers. We are not responsible for the accuracy of these tests.

3. Packages and Programs:

   • Once ordered and paid for, packages and programs cannot be canceled or refunded.