terms & CONDITIONS
Welcome to Caring Energetic Healing’s Terms and Conditions. Caring Energetic Healing provides complementary therapies to facilitate wellness and assist in balancing the mental, emotional, physical and spiritual.
This Website is owned and operated by Lisa Ohtaras trading as Caring Energetic Healing (ABN 30 810 056 406) (“Caring Energetic Healing, us, our or we”).
1.1. In these Terms,
a) “you” means any person visiting or using the Website;
b) “Agreement” means the agreement between you and Caring Energetic Healing for the provision of therapy treatments and services as governed by any consent form, welcome pack or other documentation provided to you by Caring Energetic Healing in conjunction with these Terms & Conditions;
d) “Website” means the website www.caringenergetichealing.com and its related pages, including any mobile site or mobile or other application that we may offer.
2. USE OF WEBSITE
2.1. Your access to, browsing, contributions to and use of this Website are subject to the following Terms as well as all applicable laws, rules and regulations. By accessing or using this Website you accept and agree to the Terms, which are legally binding.
2.2. If you do not agree to any of these Terms, you must not visit, use or continue to use the Website. We will, from time to time, revise and update the Terms and we will publish all such updates on our Website. All updated Terms become effective immediately upon being published on the Website.
3.1. All content and all intellectual property which includes text, images, trade marks (registered or unregistered), graphics, photographs, designs, icons, logos and service marks (“Content”) and the selection, arrangement and "look and feel" of all content contained on the Website, is the property of Caring Energetic Healing or third parties who have granted Caring Energetic Healing permission to use it on the Website. All Content contained on the Website whether past, present or future is protected by national and international copyright, design and trade mark and other laws. Your right to use the Content is limited only to those rights expressly set out in the Terms.
4. ACCESS AND USE
4.1. Some of the material on this website may be for mature audiences, and parents and guardians should take responsibility for monitoring their children's use of the Website.
4.2. No person under the age of 18 should use this Website without parental or guardian supervision. If we do find that someone under the age of 18 is accessing the Website, Caring Energetic Healing may restrict their access to the Website and may cancel or restrict access to any services to be delivered to the parent or guardian of that child.
4.3. If you choose to work with us, certain services will only be available after you have provided your details and personal information to us either in person or on the Website (if applicable). You warrant and agree that all information provided to us is accurate, true and up-to-date in all respects and at all times. You also agree to update your details with any changes to your personal information previously submitted as soon as practicable after such personal information changes. In particular, you warrant that you will provide accurate information to Caring Energetic Healing of any previous or contra-indicating medical condition before receiving any service.
4.4. Caring Energetic Healing reserves the right in its sole discretion to refuse to provide services to any person without being bound to provide its reasons for doing so.
4.5. You acknowledge that when you register and use the Website, you will receive correspondence from Caring Energetic Healing, including newsletters, relating to the Website and the business of Caring Energetic Healing.
Limited licence to use
4.6. Caring Energetic Healing grants you a revocable limited non-exclusive licence to access, browse, use or contribute to the Website or the Content on your computer or similar device and download and use downloadable Content for personal, private or domestic purposes only or for the sole purpose of making purchases from or interacting with Caring Energetic Healing.
4.7. You warrant that you are not visiting or using the Website or Content or purchasing any goods or services from Caring Energetic Healing for any commercial purpose and will not access, browse, use or contribute to the Website for a commercial purpose.
4.8. Except as expressly permitted in these Terms or on the Website, or with Caring Energetic Healing’s prior written permission, you are expressly prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using Content available via this Website for commercial or public purposes, including but not limited to use as meta tags or linking the Website or Content on other pages or sites on the world wide web.
4.9. You must not damage, interfere with or disrupt access to the Website or the Content or engage in any other conduct that will or may restrict or limit any other person from using or accessing the Website or the Content. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content within it.
4.10. Caring Energetic Healing will hold you liable for any loss, damage or claims arising, directly or indirectly, from your interference with the Website, Content, security or access to the Website or Content or in any other way prevent the usual operation of the Website and its availability to the public.
5.1. Our services or programs may be available for purchase via our Website or directly from Caring Energetic Healing. All services or programs are purchased subject to any requirements or instructions referred to on the Website or otherwise notified to you.
5.2. If booking our services or programs from our Website, you will be required to select the services or program you wish to purchase and provide the requisite details for the booking. For each booking you make, you must provide accurate and up-to-date details of the purchaser, payment details, recipient of the service or program and any other information required to effectively process the booking and payment.
5.3. When booking our services or programs through our Website, full payment for the service or program may be required to secure your booking. A booking will only be deemed to be placed when you have submitted all required information for the booking and the full payment required on making the booking has been received.
5.4. By making a booking, you warrant that you are not a legal minor and you are over the age of 18 years and you have full and due capacity and authority to make the booking and any required payment.
5.5. Caring Energetic Healing reserves the right to accept or reject any booking for any reason including, the unavailability of any services or programs, an error in the price or description or any services or programs or any error in your booking information, and in the event that we cancel your booking, we will provide a full refund of any payments received from you.
6. PRICE AND PAYMENTS
6.1. The price of a service or program is the price specified or referred to on the Website or otherwise notified to you. We may at our sole discretion from time to time update the price of any service or program. All prices are processed in Australian dollars unless otherwise notified on the Website.
6.2. Payment in accordance with the payment requirements for your booking must be received by us prior to the provision of the services or program that you have booked online. Unless otherwise notified, payment for services booked directly with us will be payable on the day of the booking.
6.3. If you request additional in-person services from Caring Energetic Healing on the day of your booking, you are required and agree to make full payment of the fees for such services on the day of your booking.
6.4. It is your sole responsibility to ensure the confidentiality and security of your payment and card details. Caring Energetic Healing accepts no liability for unauthorised use of any of your payment, credit card or bank account details, including due to fraud, forgery or other similar acts. You agree to release and indemnify Caring Energetic Healing against any loss, damage or claim arising, directly or indirectly, from any unauthorised use of your payment details.
7. YOUR CONTACT WITH US
7.1. You acknowledge that you are solely responsible for complying with all terms, conditions, requirements and instructions of any service or program as described or referred to on the Website or otherwise notified to you (“Instructions”). Caring Energetic Healing is under no obligation to provide a service or program to you if you do not comply with the Instructions.
7.2. You release and indemnify Caring Energetic Healing against any loss, damage, claim or inconvenience that may arise as a result, directly or indirectly, of the acts or omissions of yourself or any third party in the provision or receipt of any services or program or your compliance with the Instructions.
7.3. You acknowledge that you are solely responsible for reading all Instructions for the receipt of services or programs as specified on the Website and you are solely responsible for complying with such Instructions. If you believe the instructions to be unclear you must contact Caring Energetic Healing directly prior to the booking date for clarification of your obligations.
8. PERSONAL INFORMATION
9. THIRD PARTY SITES
9.1. Caring Energetic Healing selects third party partners and associates with care and with our customers’ needs in mind. We aim to provide information and services from reputable third parties with quality products or services who will be able to fully deliver that information or those services to you.
9.2. The Website may contain links to third party websites or content (Third Party Content). Caring Energetic Healing does not monitor, review or update, and does not have any control over, Third Party Content. Unless expressly stated otherwise, Caring Energetic Healing does not endorse or adopt Third Party Content and makes no representation, warranty or guarantee as to accuracy, completeness, timeliness or reliability of Third Party Content or the safety of any third party website.
9.3. If you use the links contained on our Website to access Third Party Content you do so entirely at your own risk and liability. In addition, without limiting any other part of the Terms, reference to any products, services, processes or other information by name, trade mark, manufacturer, supplier or otherwise on or via the Website does not constitute or imply any endorsement, sponsorship or recommendation by Caring Energetic Healing.
10. NO WARRANTIES
10.1. The Website and Content are provided "as is" without warranty of any kind, express or implied. Except to the extent required by the law, Caring Energetic Healing does not make any representations or warranties as to the Website or Content, including but not limited to, warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, informational content, system integration or accuracy and the express warranty of quiet enjoyment or as to the accuracy or suitability of information, descriptions, guidelines and images on the Website including colour, design and texture samples, descriptions of any materials or products, services, offers, merchants or any other information shown on the Website.
10.2. Caring Energetic Healing does not represent or warrant that the Website or its server(s), applications or functionalities are free of viruses or other harmful components, and you bear the entire risk of losses or damages that you may incur or suffer as a result of any use of or visit to this Website. Caring Energetic Healing does not guarantee continuous, uninterrupted, error-free or secure access to the Website or its services, since the operation of the Website may be interfered with by numerous factors outside of Caring Energetic Healing’s control.
11. LIMITATION OF LIABILITY
11.1. Except to the extent required by the law or as is expressly set out in the Terms, Caring Energetic Healing specifically disclaims all or any liability arising from your access to or use of the Website and Content, making any booking or purchasing any services or program, and in no event will Caring Energetic Healing, its subsidiaries, affiliates, officers, directors, shareholders, employees or agents be liable for any loss or damage of any kind, including indirect, incidental, consequential, punitive, or special damages or any loss of use, loss of profits or loss of data, whether in an action in contract, tort, strict liability or otherwise (including but not limited to negligence), arising out of or in any way connected with those matters (even if Caring Energetic Healing has been advised of the possibility of such damages).
11.2. In any event, Caring Energetic Healing’s total liability to you for damages, losses, and causes of action (whether in contract or tort (including, but not limited to, negligence) or otherwise) will not exceed the amount paid by you, if any, for accessing the Website or purchasing any services.
11.3. Caring Energetic Healing’s liability for breach of any condition or warranty implied by legislation is, at Caring Energetic Healing’s option, limited to supplying services again or payment of the cost of having services supplied again.
11.4. Without limiting the above, you acknowledge that Caring Energetic Healing accepts no responsibility or any liability for bookings made by you, and you acknowledge that Instructions are to be strictly observed and followed at your own risk. Caring Energetic Healing does not accept any responsibility or liability for any information or errors provided by you in the booking, or in receiving any services, including your failure to do all things necessary to ensure the booking and receipt of services, are suitable and safe for your circumstances.
11.5. You release and forever discharge Caring Energetic Healing, its officers, employees and agents from all and any loss, damage or liability (including indirect, special or consequential) excluded under these Terms, including from any third party claim, except to the extent that any legislation applies and cannot be lawfully excluded.
12.1. You indemnify and will keep indemnified, Caring Energetic Healing and its subsidiaries, affiliates, officers, directors, agents, shareholders, employees or agents and will hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of any party. You also indemnify and will keep indemnified Caring Energetic Healing from any and all damage you may cause Caring Energetic Healing, its business, or the Website due to your interaction with the Website including without limitation your contributions, if any to the Website.
12.2. You indemnify and will keep indemnified and hold harmless Caring Energetic Healing, its officers, employees and agents against any loss or damage of any kind that is either excluded under the Terms, including from any third party claim, for any property or injury to or death of any person, or caused as a result in any way by a breach by you of the Terms, any negligent act or omission or wilful misconduct of yours or any claim, suit or action brought against Caring Energetic Healing as a result of your ordering, booking and receiving any services or programs.
12.3. This Clause contains continuing separate obligations and it survives termination.
13.1. Caring Energetic Healing reserves the right, without notice and in its sole discretion, to restrict or terminate your ability to use the Website, and to limit, block or prevent access to and use of this Website, including access to and use of your registration details and bookings, without any liability to you. Failure by you to abide by the Terms revokes your authorisation to use the Website and its services, including any licence granted.
13.2. Caring Energetic Healing reserves its right to refuse service, cancel any booking or change or remove the Website or Content at its sole discretion and will not be liable for any damages, loss or expenses of any kind, including indirect or consequential loss or damage, suffered or incurred by you in any way (including due to negligence) as a result of refusal, termination, change or removal, or in connection with your reliance on the booking in any way, other than a refund that is expressly permitted under the Terms.
14. INTELLECTUAL PROPERTY
14.1. You acknowledge that Caring Energetic Healing is the owner or licensee of all intellectual property rights in the Website and all works and designs therein and nothing in these Terms grants or gives you any intellectual property rights in the Website, works or designs, which to avoid doubt are absolutely assigned to Caring Energetic Healing.
14.2. You acknowledge and agree that all information and materials provided to you in the delivery of the services or programs are the sole property of Caring Energetic Healing. You are not permitted to use, distribute or in any manner share any materials or information received by you from Caring Energetic Healing or any other party in the delivery of services or programs to you.
14.3. Upon contributing or providing content of any kind to the Website, including via third party sites such as Facebook or Twitter, you immediately grant Caring Energetic Healing a licence to use it for the purpose for which it was given and for our reasonable promotional or marketing purposes relating to the Website and you acknowledge that this clause is sufficient to give effect to the licence. You acknowledge that any contribution you make to the Website or via other sites, does not in any way give you a right, title or interest in the Content or the Website and you warrant to Caring Energetic Healing you have all necessary rights, including copyright, in the content you are contributing and have not granted any rights inconsistent with any rights granted under these Terms. You warrant that any content contributed by you is not unlawful, defamatory, false or misleading, in violation of laws including privacy, harassment or discrimination, infringing rights, abusive, offensive, obscene or inappropriate, including by being vexatious, provocative, an endorsement or a solicitation and there is currently no claim or dispute with any party about any ownership or use of it.
14.4. All material published on the Website may, at Caring Energetic Healing’s sole discretion, be edited, removed or republished for any reason whatsoever.
15. UPDATES AND REVISIONS
15.1. We may revise and update these Terms from time to time and will publish the updated Terms on our Website. You acknowledge and agree that you are bound by these Terms as published from time to time including updated and revised Terms. Caring Energetic Healing recommends that you periodically visit this page to review and familiarise yourself with all Terms and review the Website generally to familiarize yourself with updates or revisions. We are not obliged to notify you prior to any changes to the Website or Terms, it is your responsibility to check the Website and Terms from time to time.
16. OTHER POLICIES
17.1. Unless otherwise expressly stated, these Terms prevail over any representation made on the Website or by Caring Energetic Healing’s staff and personnel.
17.2. If either party fails to do anything it is entitled to under these Terms that does not amount to a waiver of that right. Any waiver or variation must be in writing.
17.3. If any clause or part of a clause is illegal or unenforceable, it is to be treated as removed, but the rest of this document is not affected. Any references to a party include their agents, officers, employees or assigns. These Terms are interpreted under and governed by laws and jurisdiction of the courts of New South Wales.
17.4. These Terms are an original work protected by copyright and cannot be copied or reproduced without permission in accordance with any applicable copyright laws.