Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
(a) Welcome to www.lotuswellbeing.com.au (the ‘Website’). The Website allied and
alternative health services (the ‘Services’).
(b) The Website is operated by Lotus Wellbeing Centre Wollongong(ABN 67 573 121
971). Access to and use of the Website, or any of its associated Products or
Services, is provided by Lotus Wellbeing Centre Wollongong. Please read these
terms and conditions (the ‘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.
(c) Lotus Wellbeing Centre Wollongong reserves the right to review and change any
of the Terms by updating this page at its sole discretion. When Lotus Wellbeing
Centre Wollongong updates the Terms, it will use reasonable endeavours to
provide you with notice of updates to the Terms. 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
(a) You accept the Terms by remaining on the Website. You may also accept the
Terms by clicking to accept or agree to the Terms where this option is made
available to you by Lotus Wellbeing Centre Wollongong in the user interface.
3. Registration to use the Services
(a) In order to access the Services, you must first register for an account through the
Website (the ‘Account’).
(b) As part of the registration process, or as part of your continued use of the
Services, you may be required to provide personal information about yourself
(such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Telephone number
(c) You warrant that any information you give to Lotus Wellbeing Centre Wollongong
in the course of completing the registration process will always be accurate,
correct and up to date.
(d) Once you have completed the registration process, you will be a registered
member of the Website (‘Member’) and agree to be bound by the Terms.
(e) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Lotus Wellbeing
Centre Wollongong; or
(ii) you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in which you are resident
or from which you use the Services.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(ii) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other person
may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Lotus
Wellbeing Centre Wollongong of any unauthorised use of your password or
email address or any breach of security of which you have become aware;
(iv) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of Lotus Wellbeing
Centre Wollongong providing the Services;
(v) you will not use the Services or the Website in connection with any
commercial endeavours except those that are specifically endorsed or
approved by the management of Lotus Wellbeing Centre Wollongong;
(vi) you will not use the Services or Website for any illegal and/or unauthorised
use which includes collecting email addresses of Members by electronic or
other means for the purpose of sending unsolicited email or unauthorised
framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Services. Appropriate legal action will be taken
by Lotus Wellbeing Centre Wollongong for any illegal or unauthorised use
of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its
Services is prohibited.
5. Payment
(a) Where the option is given to you, you may make payment for the Services (the ‘
Services Fee’) by way of:
(i) Electronic funds transfer (‘EFT’) into our nominated bank account
(ii) Credit Card Payment (‘Credit Card’)
(iii) Cash (‘Cash’)
(b) All payments made in the course of your use of the Services are made using
Hicaps / EFTPOS. In using the Website, the Services or when making any
payment in relation to your use of the Services, you warrant that you have read,
understood and agree to be bound by the Hicaps / EFTPOS terms and conditions
which are available on their website.
(c) You acknowledge and agree that where a request for the payment of the Services
Fee is returned or denied, for whatever reason, by your financial institution or is
unpaid by you for any other reason, then you are liable for any costs, including
banking fees and charges, associated with the Services Fee.
(d) You agree and acknowledge that Lotus Wellbeing Centre Wollongong can vary the
Services Fee at any time.
6. Refund Policy
Lotus Wellbeing Centre Wollongong will only provide you with a refund of the Services
Fee in the event they are unable to continue to provide the Services or if the manager of
Lotus Wellbeing Centre Wollongong makes a decision, at its absolute discretion, that it is
reasonable to do so under the circumstances (the ‘Refund’).
7. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Lotus Wellbeing
Centre Wollongong 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 Lotus Wellbeing Centre Wollongong or its
contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or
licensed by Lotus Wellbeing Centre Wollongong, who grants to you a worldwide,
non-exclusive, royalty-free, revocable license whilst you are a Member to:
Lotus Wellbeing Centre Wollongong does not grant you any other rights
whatsoever in relation to the Website or the Services. All other rights are expressly
reserved by Lotus Wellbeing Centre Wollongong.
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in
your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-commercial
use.
(c) Lotus Wellbeing Centre Wollongong 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:
to you.
(i) business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(iii) 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),
(d) You may not, without the prior written permission of Lotus Wellbeing Centre
Wollongong 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.
8. Privacy
(a) Lotus Wellbeing Centre Wollongong takes your privacy seriously and any
information provided through your use of the Website and/or Services are subject
to Lotus Wellbeing Centre Wollongong’s Privacy Policy, which is available on the
Website.
9. General Disclaimer
(a) 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.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
(ii) Lotus Wellbeing Centre Wollongong 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.
(c) Use of the Website and the Services is at your own risk. Everything on the Website
and the Services is 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 Lotus Wellbeing Centre Wollongong make any
express or implied representation or warranty about the Services or any products
or Services (including the products or Services of Lotus Wellbeing Centre
Wollongong) 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:
(i) 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;
(ii) 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);
(iii) costs incurred as a result of you using the Website, the Services or any of
the products of Lotus Wellbeing Centre Wollongong; and
(iv) the Services or operation in respect to links which are provided for your
convenience.
10. Limitation of liability
(a) Lotus Wellbeing Centre Wollongong’s total liability arising out of or in connection
with the Services 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 to you.
(b) You expressly understand and agree that Lotus Wellbeing Centre Wollongong, 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.
11. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Lotus
Wellbeing Centre Wollongong as set out below.
(b) If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Lotus Wellbeing Centre Wollongong via
the ‘Contact Us’ link on our homepage.
(i) providing Lotus Wellbeing Centre Wollongong with 14 days’ notice of your
intention to terminate; and
(ii) closing your accounts for all of the services which you use, where Lotus
Wellbeing Centre Wollongong has made this option available to you.
(c) Lotus Wellbeing Centre Wollongong may at any time, terminate the Terms with
you if:
(i) you have breached any provision of the Terms or intend to breach any
provision;
(ii) Lotus Wellbeing Centre Wollongong is required to do so by law;
(iii) the provision of the Services to you by Lotus Wellbeing Centre Wollongong
is, in the opinion of Lotus Wellbeing Centre Wollongong, no longer
commercially viable.
(d) Subject to local applicable laws, Lotus Wellbeing Centre Wollongong reserves the
right to discontinue or cancel your membership at any time and may suspend or
deny, in its sole discretion, your access to all or any portion of the Website or the
Services without notice if you breach any provision of the Terms or any applicable
law or if your conduct impacts Lotus Wellbeing Centre Wollongong’s name or
reputation or violates the rights of those of another party.
12. Indemnity
(a) You agree to indemnify Lotus Wellbeing Centre Wollongong, its affiliates,
employees, agents, contributors, third party content providers and licensors from
and against:
(i) 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 Content;
(ii) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
13. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence
any Tribunal or Court proceedings in relation to the dispute, unless the following
clauses have been complied with (except where urgent interlocutory relief is
sought).
(b) Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms,
must give written notice to the other party detailing the nature of the dispute, the
desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:
(i) Within 30 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may
mutually agree;
(ii) If for any reason whatsoever, 14 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australian Mediation Association or his or
her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting the
foregoing undertake to pay any amounts requested by the mediator as a
pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(iv) The mediation will be held in Wollongong, Australia.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and
in connection with this dispute resolution clause are confidential and to the extent
possible, must be treated as “without prejudice” negotiations for the purpose of
applicable laws of evidence.
(e) Termination of Mediation:
If 14 days have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate the
mediation and the mediator must do so.
14. Venue and Jurisdiction
(a) The Services offered by Lotus Wellbeing Centre Wollongong 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 New South Wales, Australia.
15. Governing Law
(a) The Terms are governed by the laws of New South Wales, Australia. 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 New South Wales, Australia,
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.
16. Independent Legal Advice
(a) 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.
17. Severance
(a) 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.
Approved by
Signature: …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..
Full Name: Nicola Madrid
Date: 21/02/2021