TERMS & CONDITIONS
HOLISTIC HEALTH & WELLBEING
JODEE MARQUES, THE HOLISTIC THERAPIST
1. ABOUT THE WEBSITE
1.1. Welcome to www.jodeemarques.com (Website). The Website provides you with an opportunity to browse and purchase services (Services), programs and courses (Products) that have been listed for sale through the Website, and to access and download free content (Free Content). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
1.2. The Website is operated by Empowerment Now Pty Ltd (abn: 58231472694) atf the Marques Wellbeing Trust t/a Holistic Health & Wellbeing of 2-4 Lansell Street, Wanniassa, ACT 2903 (Holistic Health & Wellbeing). Access to and use of the Website, or any of its associated Services, is provided by Holistic Health & Wellbeing. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Holistic Health & Wellbeing reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. ACCEPTANCE OF THE TERMS
2.1. You accept the Terms by remaining on the Website.
3.1. Holistic Health & Wellbeing requires all bookings for initial appointments for counselling/coaching services for new clients to be made via the booking system available on the website (Booking System).
3.3. The full appointment fee (Fee) is required to be paid at the time of booking your initial appointment. Holistic Health & Wellbeing will issue you with an Invoice in due course afterward
3.4. You are responsible for paying the Fee at the time of each appointment for all further appointments.
3.5. You will be unable to book further appointments if the Fee is not paid in full.
3.6. Holistic Health & Wellbeing reserves the right to request payment of the Fee prior to the appointment.
3.7. Holistic Health & Wellbeing will provide you with a separate set of terms and conditions that will set out the terms for the services you receive.
4. BOOKING CANCELLATIONS
4.1. If you need to cancel your appointment you agree to provide at least 48 hours notice to cancel or reschedule an appointment.
4.2. Short-notice cancellations of less than 48 hours, and any failure to attend an appointment will result in you being charged a cancellation fee of 100% of the appointment fee.
4.3. If you have booked a video appointment, but you do not login at the time of your consultation, Jodee Marques will make two attempts to contact you by phone or text message in the first 15 minutes of your appointment. If Jodee Marques are unable to reach you in this time, Jodee Marques will consider this a failure to attend and charge you for the appointment.
5. PURCHASE OF PRODUCTS
5.1. In using the Purchase Services to purchase the Products through the Website, you will agree to the payment of the purchase price listed on the Website (Purchase Price).
5.2. Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers)
5.3. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable.
5.5. Following payment of the Purchase Price being confirmed by Holistic Health & Wellbeing, you will be issued with a receipt to confirm that the payment has been received and Holistic Health & Wellbeing may record your purchase details for future.
5.6. In the event that any payment under these Terms is not made in full on the due date, Holistic Health & Wellbeing is entitled to charge you interest at the rate of 5% per annum, calculated daily.
5.7. You agree that if you default on any payments due and payable under this agreement, including a payment plan, the full balance will become due and payable on the date of default, and any costs incurred by Holistic Health & Wellbeing for steps taken to enforce payment terms will be recoverable and payable by you.
6. CANCELLATION OF PRODUCTS
6.1. You must notify Holistic Health & Wellbeing of an intention to cancel your involvement in the Products Product as soon as practicable through e-mail to email@example.com and abide by the following cancellation policy (Product Cancellation Policy).
6.2. The Products are non-refundable. This means that if you wish to terminate your involvement in the Products early all unpaid amounts of the Purchase Price are non-refundable. Where applicable if you are unable to attend a group session, you will not be provided with a refund.
6.3. For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate early, Holistic Health & Wellbeing reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Services or Product will be revoked.
6.4. Holistic Health & Wellbeing may change the Product Cancellation Policy at any time without notice with and purchases made in advance of the change will not be affected.
6.5. Holistic Health & Wellbeing reserves the right to terminate your involvement in any Products for breach of these Terms with 7 days’ notice by e-mail.
6.6. If Holistic Health & Wellbeing terminates the Services or Product, you agree to pay Holistic Health & Wellbeing for the portion of the Product completed up to the date and time of termination.
7. DELIVERY OF PRODUCTS AND LICENSE INFORMATION
7.1. Each purchase of the Products grant you access to the program or course through the Membership Portal utilised from time to time and made available to you (the ‘Membership Portal’).
7.2. When you purchase a Product, Holistic Health & Wellbeing grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Services or Products and any related software, content, equipment or other materials for your specific, non-commercial-use-only (Licence).
7.3. The Licence is valid for the term of the Product, or as otherwise outlined in the relevant program or course terms and conditions on the Website (Licence Term). This means the Product will be viewable via the download link for the Licence Term only.
7.4. The Product are intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental services materials, booklets, and access to any other aspect of the Product.
8. COPYRIGHT AND INTELLECTUAL PROPERTY
8.1. The Website, the Services and all of the related products of Holistic Health & Wellbeing are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Holistic Health & Wellbeing or its contributors.
8.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Holistic Health & Wellbeing, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
8.3. Holistic Health & Wellbeing does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Holistic Health & Wellbeing.
8.4. Holistic Health & Wellbeing retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
8.5. You may not, without the prior written permission of Holistic Health & Wellbeing and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
10. USER GENERATED CONTENT
10.1. If you choose to contribute any content to the Website or any other platform operated by Holistic Health & Wellbeing, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).
10.2. By contributing content to the Website, you grant Holistic Health & Wellbeing a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Holistic Health & Wellbeing.
10.3. Additionally, if you post Your Content with any personal information including identifying information such as location or name, you agree Holistic Health & Wellbeing can use that information with Your Content for advertising and promotional purposes, or any other business purpose.
10.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Holistic Health & Wellbeing social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have the permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Holistic Health & Wellbeing. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
10.5. Please ensure you keep your own copies of Your Content as Holistic Health & Wellbeing may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
10.6. Holistic Health & Wellbeing will endeavour to provide you with an appropriate credit when using Your Content on Holistic Health & Wellbeing platforms, though you understand and agree this may not always be possible.
10.7. Holistic Health & Wellbeing reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
11. MAILING LIST AND SMS REGISTRATION
11.1. You will be given the option to register for the Holistic Health & Wellbeing Mailing List (the 'Mailing List') and SMS List (the ‘SMS List’).
11.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Name and residential address
(c) Mobile telephone number
(d) If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from Holistic Health & Wellbeing.
12. GENERAL DISCLAIMER
12.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
12.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Holistic Health & Wellbeing will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
12.3. Use of the Website, the Purchase Services and any Products is at your own risk. Everything on the Website and the Purchase Service and Products are provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Holistic Health & Wellbeing make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Holistic Health & Wellbeing) referred to on the Website, includes
(but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products of Holistic Health & Wellbeing; and
(d) the Purchase Services or operation in respect to links which are provided for your convenience.
13.1. The Products do come with guarantees that cannot be excluded under the Australian Consumer Law.
13.2. For major failures with the Products, you are entitled to cancel this Agreement with Holistic Health & Wellbeing, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
14.1. You agree that when you access the Free Resources and any Products you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Jodee Marques's/Holistic Health & Wellbeing’s relationship with you, its educational materials and interactions with you. As such, you agree that Jodee Marques/Holistic Health & Wellbeing is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Free Resources or Products it provides.
14.2. You understand that the Free Resources and Products are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Free Resources and Products are not to be used as a substitute for counselling, professional psychology, psychiatric, medical and/or mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.
15. INFORMATION DISCLAIMER
15.1. Any free downloads, information, documentation, tools, social media links or other content provided on the Website, in the Free Resources or through the Purchase Services or Products does not constitute professional psychological or medical advice and are provided for general information and illustrative purposes only. Holistic Health & Wellbeing recommends you seek independent psychological or medical advice prior to relying on any information or documentation provided on the Website. Holistic Health & Wellbeing will not be liable in any way for your use of, or reliance upon, the information or documents contained on the Website or within the Purchase Services.
15.2. All care is taken in the preparation of the information and published materials on the Website and within the Free Resources, Products, social media accounts, blog, or on any other related platform. Holistic Health & Wellbeing does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
15.3. To the extent permissible by law, Holistic Health & Wellbeing will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website and within the Free Resources, Products, social media accounts, blog, or on any other related platform.
16. LIMITATION OF LIABILITY
16.1. Holistic Health & Wellbeing's total liability arising out of or in connection with the Purchase Services, the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the services or Products to you.
16.2. You expressly understand and agree that Holistic Health & Wellbeing, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
17.1. You agree to indemnify Holistic Health & Wellbeing, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your interaction with the Website;
(b)any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
18. VENUE & JURISDICTION
18.1. The Services offered by Holistic Health & Wellbeing is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of the Australian Capital Territory.
19. GOVERNING LAW
19.1. The Terms are governed by the laws of the Australian Capital Territory. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of the Australian Capital Territory, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
20. INDEPENDANT LEGAL ADVICE
20.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
21.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.