These terms and conditions are entered into between Sister Earth
Pty Ltd (ACN 664 251 441), trading as Nova Holistic Spa, (we, us or our) and you, the person named in the Booking Confirmation (you or your), together the Parties and each a Party. These terms and conditions, the Booking Confirmation, the Waiver and any other attachments to these Terms form the entire agreement under which we will provide the Services to you.
- Acceptance
1.1 You accept these Terms by the earlier of:
(a) signing and returning these Terms to us;
(b) confirming that you accept these Terms via the
platforms or applications through which we provide
these Terms to you, including our website; and
(c) making part or full payment of the Price. - Services
2.1 In consideration of your payment of the Price, we will provide
the Services in accordance with these Terms, whether
ourselves or through our personnel. - Bookings, Rescheduling and Cancellations
3.1 Your Cancellation: You may cancel or reschedule your
Booking by contacting us or via your account on our website.
3.2 Where you cancel your Booking:
(a) more than 48 hours before the start time of your
Booking, the Price paid for the Booking will be used
as credit towards your next or rescheduled Booking;
(b) between 48 hours and 24 hours before the start time
of your Booking, 50% of the Price paid for the
Booking will be used as credit towards your next or
rescheduled Booking, and you will not be entitled to
the remainder of the Price and it will be forfeited;
and(c) less than 24 hours before the start time of your
Booking, you will not be entitled to a refund for the
Price paid for the Booking and it will be forfeited.
3.3 You agree that the above cancellation fees are a genuine
pre-estimate of our loss due to blocking your appointment
date and time and preventing other clients from booking that
appointment date and time.
3.4 Our Cancellation: Due to unforeseen circumstances such as
illness or a Force Majeure Event, you acknowledge that we
may need to reschedule the date and/or time of your
Booking. Where we need to reschedule your Booking, we will
notify you at our earliest convenience and we will reschedule
your Booking to a mutually agreed time.
3.5 We reserve the right to cancel a Booking at any time where
you have disclosed medical or health information to us which
we determine, in our sole discretion, renders us unable to
safely provide the Services to you. In such cases, we may reschedule your Booking, at our absolute discretion, provide that either: (a) the medical or health information you provided to us is no longer relevant and will no longer impact our ability to provide the Services; or (b) you have obtained a written medical clearance from your medical practitioner and have provided it to us.
3.6 If we are not able to reschedule your Booking as per the requirements in clause 3.5(a) or 3.5(b), we will provide a refund of the portion of the Price in relation to the Services that we have not yet provided.
4. Payment
4.1 In consideration for us providing the Services, you agree to pay us the Price in accordance with these Terms.
4.2 You agree to pay us the Price upfront, at the time you make your Booking, and you will not be entitled to any part of the Services until the Price has been paid in full.
4.3 When applicable, GST is payable on the Price and will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges.
4.4 If any payment has not been made in accordance with these Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms
or at law): (a) charge interest at a rate equal to the Reserve Bank of
Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with these Terms; and (b) immediately suspend the provision of the Services until we receive payment.
5. Warranties and Representations
5.1 You represent, warrant and agree:
(a) that you are 18 years old or older;
(b) to comply with these Terms and all applicable Laws;
(c) that you will disclose to us all medical and health information (including any health conditions and if you are or could be pregnant) and will keep us
updated of any changes to your medical and health information during the performance of our Services;
(d) that all information and documentation that you
provide to us in connection with these Terms is true,
correct and complete; and (e) that you will provide us with all documentation, information, instructions, cooperation and access
reasonably necessary to enable us to provide the Services.
5.2 You understand and agree that:
(a) we cannot guarantee results and that results may vary; and
(b) we may suggest a number of sessions as part of the Services and if you do not obtain the number of sessions that we recommend, the results from the Services may not be optimised;
(c) we, nor our personnel, are medical practitioners, and the Services are not intended to be medical or mental health advice, treatment, cure or diagnosis, nor are they intended to be a substituted for consulting a medical or mental health practitioner.
5.3 Where we provide you with counselling services as part of the Services, you understand and agree that:
(a) the Services are not clinical counselling, psychotherapy, psychology or mental health services; and
(b) you are solely responsible for creating and implementing your own decisions, choices, actions and results arising out of or resulting from the Services and your interactions with us. As such, you agree that we are not and will not be liable for or responsible for any actions or inaction, or for any direct or indirect result of any Services that we provide.
6. Photographs
6.1 You grant us permission to take photos of you before and after receiving the Services to assist us in providing the Services to you. With your prior consent, we may display the photos on our website, in social media, for print and digital media, for marketing and for other commercial purposes.
7. Confidential Information
7.1 Subject to clause 7.2, we agree to keep confidential, and not use or permit any unauthorised use of confidential information provided by you.
7.2 Clause 7.1 does not apply where the disclosure is required by law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing party ensures the adviser complies with the terms of clause 7.1.
7.3 This clause 7 will survive the termination of these Terms.
8. Australian Consumer Law
8.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights
at law, nothing in these Terms excludes those Consumer Law
Rights.
8.2 Subject to your Consumer Law Rights, we exclude all
warranties, and all material, work and services (including the
Services) are provided to you without warranties of any kind,
either express or implied, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.
8.3 This clause 8 will survive the termination or expiry of these Terms.
9. Exclusions and limitations on liability
9.1 Despite anything to the contrary in these Terms, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by (whether directly or indirectly):
(a) any side effects which occur from the Services as a result of your own negligence or you not providing us with your current health and medical information; and
(b) any information, documentation, specifications or directions given by you.
9.2 Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by law:
(a) neither Party will be liable for Consequential Loss;
(b) a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its personnel), including any failure by that other Party to mitigate its loss; and
(c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates.
9.3 This clause 9 will survive the termination or expiry of these Terms.
10. Term and Termination
10.1 These Terms will commence on the date these Terms are accepted in accordance with its terms and will continue until the date on which we have completed the supply of the Services to you, as reasonably determined by us (Term).
10.2 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party.
10.3 Upon expiry or termination of these Terms:
(a) we will immediately cease providing the Services;
(b) without limiting and subject to your Consumer Law Rights, you agree that any payments made by you to us are not refundable to you;
(c) you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms; and
(d) by us pursuant to clause 10.2, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees).
10.4 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
10.5 This clause 10 will survive the termination or expiry of these Terms.
11. General
11.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
11.2 Amendment: These Terms may only be amended by written instrument executed by the Parties.
11.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
11.4 Disputes: A Party may not commence court proceedings relating to any dispute, arising from this Agreement (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent a Party from
seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction or will operate to prevent a Party from taking steps to recover any debt.
11.5 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.
11.6 Governing law: These Terms are governed by the laws of Tasmania. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Tasmania and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
12. Definitions
In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the Booking Confirmation, and:
ACL or Australian Consumer Law: means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.
Booking: means the booking for the Services you make online through our website, over the phone or by any methods as agreed between the Parties.
Booking Confirmation: means the booking confirmation that we provide to you setting out the details of your Booking.
Business Day: means a day on which banks are open for general banking business in Tasmania, excluding Saturdays, Sundays and public holidays.
Consequential Loss: means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise: (a) any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission; and/or (b) without limiting subclause (a), any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data.
However, the Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.
Consumer Law Rights has the meaning given in clause 8.1.
Dispute has the meaning given in clause 11.4.
Force Majeure Event: means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
Intellectual Property Rights: means the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
Laws: means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.
Liability: means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
Price: means the price set out in the Booking Confirmation, as adjusted in accordance with these Terms. Services means the services set out in the Booking Confirmation, as adjusted in accordance with these Terms.
Terms: means these terms and conditions, the Booking Confirmation, the Waiver and any documents attached to, or referred to in, each of them. Waiver means the waiver as attached to these Terms.