LUXTON CLINIC WEBSITE TERMS AND CONDITIONS

Welcome to our website www.luxtonclinic.com.au (website). This website is owned by Luxton Clinic Pty Ltd (ACN 609 876 164), trading as Luxton Clinic (“we”, “us”, “our”). By accessing this website, you agree to be bound by the following terms and conditions (Terms). Together with our Privacy Policy, these Terms form the whole of the agreement between you and Luxton Clinic in respect of your use of this website, including any purchases made through this website. You should review our Privacy Policy and these Terms and, if you do not agree with them, you should cease using this website.

Your use of this website constitutes acceptance of our Terms.

1. ONLINE PURCHASES

  1. 1.1  Age and Consent: To make an online purchase from our website, you agree that you are eighteen (18) years or older, or have the consent of a legal guardian who is eighteen (18) years or older. You must not order products or services from us if you are under eighteen (18) years of age or do not have the consent of a legal guardian who is eighteen (18) years or older.
  2. 1.2  Personal Use: You acknowledge that all goods purchased under these Terms are intended for personal, non-commercial use only and will not be re- sold.
  3. 1.3  Availability of Goods: From time to time, some goods may be out of stock or are unavailable or we may restrict the quantity of goods which may be purchased. If we are otherwise unable to fulfill all or part of your order, we will refund you the price paid for the particular goods.
  4. 1.4  Pricing: When you place an order, we will charge you and you agree to pay the price stated on the website and any applicable delivery fee.
  5. 1.5  GST: All prices and delivery fees are in Australian Dollars and include GST if applicable.
  6. 1.6  Price Alterations: We reserve the right to change or alter prices without notice to you.
  7. 1.7  Payment Method: Payment may be made either by way of credit card or PayPal.
  8. 1.8  Dispatch: We will endeavor to dispatch goods purchased within 1-2 days of receiving cleared payment, unless products are on back order (in which case you will be given an estimated date of shipping). If there is a time delay due to products being on back order from our suppliers, you will be notified by email.
  9. 1.9  Domestic Shipping: All purchases are posted via Australia Post. Items weighing less than 1kg are shipped for a delivery fee of $10 or an express post fee of $15. If items weigh over 1kg, you will be notified of the shipping cost upon receipt of your order. Delivery timeframes are dependent on Australia Post. Luxton Clinic is not liable for delays by Australia Post or non- delivery of goods.

1.10 International Shipping: All purchases are posted via Australia Post. Delivery fees for international items will depend upon size, weight and delivery destination. Once you place your order, we will notify you of the cost of the delivery fee. Delivery timeframes are dependent on Australia Post, customs and your local mail provider. Luxton Clinic is not liable for postage delays or non-delivery of goods. Depending on your local mail provider,

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delivery will most likely occur during business hours, so please ensure you supply an address where someone will be able to accept the delivery. There may be additional customs or import duties or taxes imposed by your country of residence. It is your responsibility to be aware of these fees and pay them directly. You are solely responsible for these fees. Luxton Clinic makes no warranties regarding the ability to export and/or import the products purchased or whether customs regulations have been complied with.

1.11 Returns and Refunds: Except where required by law, we do not accept returns or refunds of any goods purchased on this website.

2. ONLINE BOOKINGS FOR SERVICES

  1. 2.1  Services: Online bookings are available for remedial massage appointments only. Bookings for consultations with a naturopath or nutritionist must be made by telephone during business hours on (03) 9824 6864 or by email to info@luxtonclinic.com.au.
  2. 2.2  Pricing: you agree to pay the fee that is published on our website at the time of making your booking.
  3. 2.3  GST: All prices for services are in Australian Dollars and include GST if applicable.
  4. 2.4  Cancellations: Bookings can only be altered or cancelled by telephone during business hours on (03) 9824 6864. We require 12 hours notice for appointment changes or cancellations. If less than 12 hours notice is given, we will charge you, and you agree to pay, 50% of the scheduled fee (Cancellation Fee). You acknowledge and agree that the Cancellation Fee represents a reasonable pre estimate of the loss we will suffer as a result of your cancellation.
  5. 2.5  Refunds for Services: Unless required by law, we do not provide refunds for services that have been provided to you. If you are unsatisfied with the service you have received, please contact us to provide your feedback.
  6. 2.6  Risk: You are solely responsible for determining whether the services provided to you are suitable for you.
  7. 2.7  Refusal: During the course of providing our services to you, we reserve the right to refuse any request that we deem inappropriate, unreasonable or illegal.

3. GENERAL TERMS

  1. 3.1  Amendments to Terms: These Terms, including our prices and payment methods, may be amended from time to time at our discretion and your continued use of this website will be deemed acceptance of the revised Terms and content. You must keep yourself updated on the changes to these Terms and the website content.
  2. 3.2  Warranties: In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL). Nothing in these Terms purports to modify or exclude the conditions, warranties, undertakings and other legal rights contained in the ACL. Subject to the ACL, this website is provided on an “as is” basis without warranties of any kind, either express or

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implied and we make no warranties or representations as to the information, software or materials available on this website.

  1. 3.3  Social Media: We own the content on our various social media pages, including Facebook, Instagram and our blog. You acknowledge and agree that if you use these interactive pages, you will also be subject to Facebook’s and Instagram’s terms and conditions. If you post any content to any of our social media pages, you must not post or upload any comment, content or link which: does not comply with these Terms (including content which is defamatory, indecent or inflammatory or constitutes harassment or bullying); restricts or inhibits anyone else from using and enjoying our social media pages; impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity; interferes with or disrupts any servers or networks used to provide the social media pages, or disobeys any requirements, procedures, policies or regulations of the networks we use to provide them; instigates or encourages others to commit illegal activities or causes injury or property damage to any person; or gathers, for marketing purposes, any email addresses or personal information that has been provided by others on our social media pages. We may not endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by anyone on our social media pages.
  2. 3.4  Third Party Content: We do not undertake to review any messages, information or content posted by others on our social media pages (Third Party Content) and we disclaim all liability in relation to such Third Party Content to the extent permissible by law. We reserve the right to monitor, alter, edit, refuse to post or remove any Third Party Content, in whole or in part, for any reason whatsoever, at our sole discretion.
  3. 3.5  Liability: To the maximum extent permitted by law, we will not be liable for any loss you (or anyone else) suffer as a result of using this website or any of its information and content, including the transmission of computer viruses or otherwise.
  4. 3.6  Disclaimer: You agree that any information, insights or guidance contained on our website or on our social media pages, is not to be used or relied on for any diagnostic or treatment purposes. Use of our website or social media pages does not establish a practitioner-client relationship. The content of this website, and on any of our social media pages is intended for general information purposes only. They do not take into account your own personal circumstances. They are not intended to be advice, they are not intended to be relied upon and they are not a substitute for professional advice based on your personal circumstances.
  5. 3.7  Copyright: The material provided on this website is copyright protected. You may only use this material for your own private and non-commercial purposes. The material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act 1968 (Cth)) without our prior written approval. The software used on this website is owned by our software suppliers or us and is protected by Australian and international copyright laws.
  6. 3.8  Confidentiality: Your confidentiality will be protected in accordance with our Privacy Policy.
  7. 3.9  Indemnity: 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 legal costs, resulting directly or indirectly from: any information that is not accurate, up to date or complete or is misleading or a misrepresentation; any breach of these Terms; and any misuse of our services, this website or our social media pages from or by you, your employees, contractors or agents.

 

LUXTON CLINIC WEBSITE PRIVACY POLICY

We are committed to protecting your privacy. This Privacy Policy sets out how we might collect, hold, use or disclose your personal information in accordance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (Privacy Act).

From time to time, we may change this Privacy Policy. When we do so, the changes will be effective immediately upon being made public on this website. We will use reasonable endeavours to notify you of any changes to this policy, however it is your responsibility to review our Privacy Policy regularly and make sure that you are up to date with the changes.

COLLECTION OF PERSONAL INFORMATION

Generally speaking, we collect your personal information directly from you as part of providing you with our services or when you purchase products offered on this website. The type of information we collect may include:

  • your name;
  • your contact details including email address, address and telephone number;
  • your demographic information such as postcode;
  • your preferences and opinions;
  • any other information requested on this website or otherwise requested by us or provided byyou; and
  • your access and use of our website, including through the use of Internet cookies, yourcommunications with our website, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.

    USE OF PERSONAL INFORMATION

    We collect and use your personal information for purposes including:

  • to contact and communicate with you;
  • for internal record keeping;
  • for market research and business development including website development;
  • marketing, including direct marketing; and
  • to run competitions or offer additional benefits to you.Your personal information will not be passed on to any third party. From time to time we will use your email address to send out newsletters to you containing useful information to help you get the most out of our services, however, if you do not wish to receive such emails, you are able to unsubscribe at any time.

    Any cookies used by this website are only used for the purpose of tracking navigation through the site. No personally identifiable information is collected or linked to such cookies.

    All of your personal information, including name, addresses and contact details, stored by us are kept separate from the cookies referred to above.

    DISCLOSURE OF PERSONAL INFORMATION

    Generally speaking, we will disclose your personal information for the purposes for which we collect it. Typically, it is only for the purpose of providing you with our services (a list of the services we provide are available on our website). In addition, we may disclose personal information:

  • for the purpose of providing information, products, services or marketing to customers;
  • to credit reporting agencies and courts, tribunals, regulatory authorities where customers fail topay for goods or services provided by us to them;
  • to courts, tribunals, regulatory authorities, and law enforcement officers as required by law, inconnection with any actual or prospective legal proceedings, or in order to establish, exercise

    or defend our legal rights; and

  • to third parties, including agents or sub-contractors, who assist us in providing information,products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia.

    Where we disclose your personal information to third parties for these purposes, we will request that the third party follow this Privacy Policy regarding handling of your personal information.

    If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith and where we would seek to maintain confidentiality. Your continued use of this website or of our services is taken as your consent to disclosure in these circumstances.

    YOUR RIGHTS AND CONTROLLING PERSONAL INFORMATION

    Choice and Consent: Providing us with your personal information is optional to you. You can choose not to provide personal information. If you do not wish to provide personal information to us, you do not have to do so, however it may affect your use of this website, including your ability to purchase products or book services offered on the website. When you provide us with your personal information, you consent to the terms in this Privacy Policy, and to us disclosing or receiving your personal information in accordance with this Privacy Policy.

    Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us at the email address listed in this Privacy Policy.

    Access: You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act. An administrative fee may be payable for the provision of information. We may refuse to provide you with information that we hold about you, in certain circumstances as set out in the Privacy Act.

    Correction: If you believe that any information we hold is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely upon you advising us when your personal information changes. We will respond to any request within a reasonable time. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.

    Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact us by email setting out details of the breach. We will promptly investigate your complaint and respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.

    Unsubscribe: To unsubscribe from our e-mail database, or opt out of communications, please contact us by email to info@luxtonclinic.com.au.