Hearty Center – Terms of Use

1                  Acceptance of terms

1.1                  This Website and any Products we offer are operated and owned by HEARTY CENTER PTY LTD (ACN 643 740 578) and its related entities or body corporates (‘us‘, ‘we‘ and ‘our’).

1.2                  Your use of the Website and Products is strictly subject to these terms of use and any other policy displayed on the Website (together, the ‘Terms’). Every time you visit the Website, or book or receive any Products, you indicate that you have read, understood, and accepted to be bound by these Terms. If you do not agree to be bound by these Terms, you must not use the Website or Products.

1.3                  We may amend or modify the Website, Products, Terms and/or the Privacy Policy at our sole discretion and at any time. Any amendments are effective 14 days upon publication on the Website. Your continued use of the Website or Products following such modifications will be deemed as acceptance of these modifications.

1.4                  These Terms will prevail over any other terms or agreement between you and us.

1.5                  PLEASE MAKE SURE YOU READ CLAUSE (DISCLAIMER) CAREFULLY.

2                       Definitions

2.1                  Unless the context expressly provides otherwise, in these Terms:

Copyright Act means the Copyright Act 1968.

GST means goods and services tax as defined in the A New Tax System (Goods and Products Tax) Act 1999 (Cth).

Guest means any other person using the Products on our premises.

Health Practitioner has health practitioner as defined in the Health Practitioner Regulation National Law (NSW) 2009.

Intellectual Property Rights means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents and rights in designs).

Privacy Policy means our Privacy Policy available here .

Products mean any goods or services offered by us or under the name “Hearty Center”, including without limitation accommodation at our premises, treatments (including without limitation consultations, colon hydrotherapy, wellbeing advice, meditation, yoga, neuroptimal, massage, gym, sauna, nutritional diets, supplements, natural medicine, DNA nutrition tests, body composition analysis and spectrophotometry), food, email subscriptions and physical products. A list of our most common Products is available on our Website.

State means New South Wales, Australia.

Terms means these terms of use which includethe Privacy Policy.

Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.

we, us and our means HEARTY CENTER PTY LTD (ACN 643 740 578) and its related entities or body corporates.

Website means https://www.heartycenter.com.au/

You and your means any person who uses or accesses the Products.

3                       Warrant of authority

3.1                  Your use of the Website or any Products is conditional on you being over 18.

3.2                  Accordingly, by using the Website or any Products, you warrant this to us. If the above conditions are not satisfied, please cease using the Website or any Products immediately.

4                       Products

4.1                  You may purchase or book Products from us through the Website, by email, by phone, or in person. These Terms will apply to all Products regardless of the manner in which the Products are purchased or booked.

4.2                  All Products are subject to availability, and we reserve the right to refuse any Product to anyone, without having to provide a reason.

4.3                  All Products must be paid for in full prior to being provided.

4.4                  Cancellations:

(a)                    If you cancel any bookings with 72 hours or more prior to the booking date, you will get a full refund for the amount you paid for the Product (minus any credit card fees or disbursements).

(b)                    If you cancel any bookings between 24 to 72 hours prior to the booking date, you will get a 50% refund for the amount you paid for the Product (minus any credit card fees or disbursements).

(c)                     If you cancel any bookings 24 hours or less prior to the booking date, no refund will be issued to you.

(d)                    Notwithstanding the above, if an unexpected or unforeseeable death occurs to an immediate family member, you may cancel a booking and receive a full refund for the amount you paid (minus any credit card fees or disbursements). We may request a copy of the death certificate of the deceased for evidentiary reasons.

4.5                  If you have subscribed to our email subscription Product, you may opt-out at any time by using the ‘unsubscribe’ button.

5                      Your information

5.1                  In order to provide you with the Products, we may require you to provide certain information. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Products.

5.2                  We collect personal information about you in order to provide you with the Products and for purposes otherwise set out in our Privacy Policy. We may also disclose personal information to third parties that help us deliver our Products or as required by law. If you do not provide this information, we may not be able to provide all of our Products to you. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

5.3                   You acknowledge that we rely on all of the information you provide to us, including without limitation any information relating to any health conditions, allergies or dietary restrictions you may have.

6                       Your Conduct

6.1                  In using the Products, you must:

(a)                    act in a courteous and polite manner to us, our representatives and agents, and all other Guests;

(b)                    not engage in any anti-social activity or behaviour, fraudulent conduct or any other conduct;

(c)                    strictly comply with any policy displayed on our Website or at our premises;

(d)                    obey all laws whatsoever which may apply in respect of your use of the Products and any activities contemplated by or related to the Products and do not carry out any fraud or other illegal activity whatsoever;

(e)                    not interfere with the proper working of the Website or any activities conducted via the Website, including by using any automated or manual software or process to “crawl”, “spider” or engage in similar conduct in relation to the Website; and

(f)                     except to the extent the Copyright Act allows you to do so, not copy, reverse engineer or otherwise seek to obtain any source code forming part of the Website.

6.2                  We reserve the right to immediately terminate the provision of any Product and eject you from our premises in the event that you do not strictly comply with this clause 6.

7                       Intellectual property rights

7.1                  Except where otherwise indicated, we are the sole owners or licensee of all intellectual property comprised in the Website and the Products (including all intellectual property comprised in the Website content), and nothing in these Terms constitutes a transfer of any intellectual property rights in or related to the Website, Products or Website content.

7.2                  You acknowledge and agree that the Website and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Website.

7.3                  You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Website without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.

7.4                  You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 7 and that equitable or injunctive relief may be necessary.

8                       Third-party sites

8.1                  The Website may contain links to websites that are owned and operated by third parties. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.

8.2                  You acknowledge and agree that when you access a third-party website available via a link contained on the Website:

(a)                    you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that website;

(b)                    we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and

(c)                    you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Website.

9                       DISCLAIMER

9.1                  You acknowledge and agree that:

(a)                    WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE PRODUCTS AND ANY INFORMATION PROVIDED BY THE WEBSITE DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. WE DO NOT DIAGNOSE, CURE NOR TREAT DISEASES OR MEDICAL CONDITIONS, AND NOTHING CONTAINED IN THE PRODUCTS SHOULD BE CONSTRUED AS SUCH ADVICE OR DIAGNOSIS. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED BETWEEN YOU AND US. THE USE OF THE PRODUCTS IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL OR CONTACT A QUALIFIED HEALTH PRACTITIONER.

(b)                    the Website and any Products by us are not a substitute for specific medical advice by a qualified Health Practitioner and the Website is for general information purposes only;

(c)                    you should not rely solely on any information provided on the Website and Products in relation to medical treatments, and must always obtain specific independent advice, including without limitation, advice from an appropriate qualified Health Practitioner, to determine what medical treatments are suitable for you;

(d)                    you should continue to see any qualified Health Practitioner you currently see, and any prescription medication should not be altered without first consulting the qualified Health Practitioner who recommended it;

(e)                    despite any information provided on the Website and Products, if any qualified Health Practitioner provide you with any advice in relation to any treatments or Products, you must follow that advice and must not do anything inconsistent with any such advice;

(f)                     you must not delay seeking medical advice from your qualified Health Practitioner because of any information provided on the Website and Products;

(g)                    our Products are complementary or alternative therapies, as opposed to conventional treatments by medical doctors or Health Practitioners, and our practitioners are practitioners of complementary or alternative medicines; and

(h)                    the success of (or any results that may be gained from) complementary or alternative therapies are not guaranteed and may depend on a variety of factors. We do not guarantee that any results may be achieved from the use of any Products. You use any Products at your sole risk.

10                       Limitation of liability

10.1               To the full extent permitted by law, and subject always to clause 10.4, we exclude all Warranties whatsoever other than those expressly set out in theseTerms.

10.2               Our liability arising in connection with these Terms or the Products is limited as follows:

(a)                    we exclude all liability for consequential, special, indirect or remote loss, including loss of opportunity or business;

(b)                    our total maximum total liability arising in connection with these Terms is capped to the total amount of any fees paid to us in relation to the relevant Product;

(c)                    our liability is excluded to the extent that you contributed to the liability;

(d)                    we exclude all liability for anything you have been aware of for longer than six months and you have not commenced a claim;

(e)                    we exclude all liability for cancellation, failure of, or delay in performing the Products due to force majeure events (including but not limited to earthquake, hurricane, tornado, flooding, volcanic activity or other natural disasters, or in the case of war, action of foreign enemies, terrorist activities, labour dispute or strike, government sanction, blockage, embargo or epidemic) or if certain conditions present an unacceptable danger to us;

(f)                     we exclude all liability in relation to any allergies or health conditions you may have that were not disclosed to us before you started using the Products or products related to the Products; and

(g)                    our liability is subject to your duty to mitigate your loss.

10.3               In the event that we terminate the Products or your access to the Products pursuant to these Terms, you release us from all liability for any loss or damage suffered by you as a result of or arising out of such termination.

10.4         To the extent that any law restricts our right to exclude Warranties
under these Terms, these Terms must be read subject to those statutory
provisions and nothing in these Terms is intended to alter or restrict the
operation of such provisions. If those statutory provisions apply,
notwithstanding any other provision of these Terms, to the extent that we are
entitled to do so, we limit our liability pursuant to such provisions:

(a)                    in the case of goods:

(i)                     the replacement of the goods or the supply of equivalent goods;

(ii)                    the payment of the cost of replacing the goods or of acquiring equivalent goods; and

(b)                    in the case of services:

(i)                     the supply of the services again; or

(ii)                    the payment of the cost of having the services supplied again.

10.5               All subclauses of this clause 9 are cumulative to one another.

10.6               This clause 9 will survive termination or expiration of these Terms.

11                       Release and indemnity

11.1               To the maximum extent permitted by law, you agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

11.2               To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.

11.3               You agree to promptly notify us of any third-party Claims, cooperate with all Released Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, legal fees). You agree not to settle any Claim without our prior written consent.

11.4               In this clause:

(a)                                        Claim means a claim, action, proceeding or demand made against a person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.

(b)                                        Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.

(c)                                        Released Parties means us and our officers, directors,
shareholders, agents, employees, consultants, associates, affiliates,
subsidiaries, related parties, related body corporates, sponsors, and other
third-party partners.

(d)                                        Relevant Matter means anything in connection with:

(i)                     any damage to person, property, personal injury or death;

(ii)                    any Guest;

(iii)                  your breach of these Terms;

(iv)                  any matter we were not aware of due to your failure to disclose it (including without limitation any pre-existing health conditions or allergies);

(v)                    any matter for which we have purported to disclaim liability for under these Terms;

(vi)                  your use of any Products against the recommended instructions; and

(vii)                your breach or failure to observe any applicable law.

11.5               This clause 10 will survive the termination or expiration of these Terms.

12                       Termination

12.1               These Terms terminate automatically if we cease to provide the Products or operate the Website for any reason.

12.2               You acknowledge and agree that:

(a)                    we may terminate your access to the Website at any time without giving any explanation.

(b)                    we may terminate your access to the Website and the provision of any Products (and eject you from our premises) immediately if you are deemed to breach these Terms or associated policies in any way, determined at our sole discretion.

(c)                    termination of these Terms or your access to the Website or Products does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.

13                       General

13.1               You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

13.2               If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

13.3               These Terms are governed by the laws of the State and each party submits to the jurisdiction of the courts of the State and all courts of appeal therefrom.

13.4               Any waiver of any term on these Terms by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.

13.5               The contents of these Terms constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this agreement, whether orally or in writing.

13.6               A provision of these Terms that can and is intended to operate after its conclusion will remain in full force and effect – including all indemnities and releases.