Wellness Glow Services Terms & Conditions
- Purpose and scope
1.1. The present General Terms and Conditions of Sale include all the conditions pertaining to the reservation and sale of Services; Individual Consultations and Packages of Naturopathy by:
Wellness Glow Naturopathy (hereafter “Wellness Glow” and/or “Alannah de Munck”),
Woodloes Street, Cannington – 6107, Western Australia
ABN 33 174 569 602
1.2 Reservation and payment for Services; Naturopathy Packages and Individual Treatments (excluding additional pathology testing) with Wellness Glow, whether through the website operated by Wellness Glow, or by affiliate “SimpleClinic”, implies the Client’s full and complete acceptance of the present General Terms and Conditions of Sale.
When the Client accesses and uses the Website to book a service, consultation and/or Package, this also implies full and complete acceptance of the Website General Terms and Conditions, which can be found in the footer of the Website’s “Home Page”.
For the purposes of the present terms and conditions, each of the expressions below is used as defined:
“Wellness Glow” and/or “Alannah de Munck”: the business and practitioner, as specifically defined in article 1.1 of the present terms and conditions;
“Client”: A natural person, as specifically defined in the Specific Terms and Conditions, who books an individual consultation or naturopathy package with Wellness Glow;
“Service/s”; “Individual Consultation/s”, “Individual 1:1 Consultation/s”, “Consult/s”, “Naturopathy/Wellness Package/s”, and/or “Starter Package”, “Standard Package” and “Ultimate Glow Package”: Refers to the naturopathic treatment offered by Wellness Glow/Alannah de Munck, incorporating a range of treatments using lifestyle and dietary prescriptive advice, herbal supplementations, nutritional supplementation, counselling and pathology testing. Treatments fall into two categories: “Individual 1:1 Consultations” consultations of naturopathy led by a registered naturopath (ATMS), the costs of which are expected up-front to ensure a booking, with additional payments (for testing/prescriptions and miscellaneous expenses) to be paid from invoice no later than 10 days post consultation, and “Packages” undertaken by the Client at his/her own initiative and paid on a monthly contract basis. Additional payments (for testing, prescriptions and miscellaneous expenses) to be paid from invoice no later than 10 days post consultation. Starter Package contract duration: 3 months; Standard Package contract Duration: 4 months; Ultimate Glow Package contract duration: 6 months.
The Wellness Packages (Starter, Standard and Ultimate Glow) offered by Wellness Glow/Alannah de Munck comply with the obligations of the Australian Traditional Medicine Society (ATMS).
“Website”: refers to Wellness Glow website, accessible at https://www.wellnessglow.com.au
- Contractual documents – compliance reference chart
3.1 The contractual documents are, in decreasing order of priority:
31.1. The Specific Term and Conditions, which include the following information:
- The dates and times of the Consultation or Program,
- The amount of booking paid, where appropriate,
- The provision of any complementary treatments which the Client may book,
- Any services, fees and taxes which are not included in the cost of the Individual consultation or Packages,
- Any specific conditions requested by the Client and accepted by Wellness Glow/Alannah de Munck.
The specific terms and conditions are set out formally in the online booking form or its paper version, and are reproduced in the booking confirmation sent to the Client by email. They constitute the “compliance reference chart” for the services sold and provided to the Client by Wellness Glow.
The total cost of the course of treatment will, however, vary depending on:
- the Naturopath’s recommendations,
- a possible change in GST set by the Australian Government and any price increases necessary to comply with the regulations
- or the purchase of additional supplements, reports, email support, testing or herbal medicines during the services course.
3.1.2 The present general terms and conditions of sale
3.2. These documents set out all the obligations of the parties, and form an inseparable contractual whole.
Should any contradiction arise between the documents, and unless otherwise stipulated, the higher priority document shall prevail in interpreting the obligations of the parties.
Unless expressly agreed by the parties, no other general or specific terms and conditions appearing in the documents sent or exchanged by the parties may be considered part of this Contract.
- Booking procedures
4.1. Wellness Glow accepts bookings for Services; Individual 1:1 online consultations and/or Online Packages (Starter, Standard or Ultimate Glow) of naturopathic therapies and additional optional care plans (herbal advice, nutrition and physical exercise, therapeutic education, sexual health, libido, mental health). These are described on the Website.
4.2. The Client may book a Service, Consultation or Package via the Website, or via affiliate software, SimpleClinic, using the contact details listed in section 10.1 of the present terms and conditions.
4.3. When making the booking, the Client undertakes to supply accurate, complete and honest information in answer to all questions asked and, if required, provide copies of any required documents (pathology results, etc.).
4.4. Wellness Glow reserves the right, at its discretion, to refuse or later cancel any booking made by a Client whose information is found to be inaccurate, not in alignment with their values, incomplete, misleading or fraudulent.
4.5. Wellness Glow reminds Clients making online bookings via the Website of the need to supply a valid primary email address and phone number.
All correspondence sent by Wellness Glow to this e-mail address shall be considered received and read by the Client, who undertakes to consult the messages sent to the e-mail address regularly and, where applicable, to respond promptly.
4.6. In the case of bookings made online on the Website, the act of clicking the ‘submit’ button on completion of the booking form (when paying for the booking), indicates the Client’s formal confirmation of the booking, and constitutes irrevocable acceptance of the present General Terms and Conditions of Sale and the General Terms and Conditions of Use of the Website concerned.
This act of clicking the ‘submit’ button, once Wellness Glow and/or SimpleClinic has notified the Client that the booking has been accepted, within 7 working days of the request being made, constitutes final consent to enter into a contract with Wellness Glow for the individual consultation or Package selected.
The act of clicking the ‘submit’ button constitutes an electronic signature, which carries the same legal weight as a handwritten signature.
4.7. Regardless of the booking method chosen by the Client, Wellness Glow will, subject to availability, notify the Client in writing, and within 7 working days of receipt of the booking payment, that the booking has been accepted.
The booking will be confirmed in an email or SMS which includes a summary of the service chosen and shows the booking confirmation as paid.
4.8. The computerised records stored in our computer systems and those of our partners, always with reasonable security precautions, will be considered to constitute proof of communication, bookings, orders and payments between the parties.
These booking forms, confirmations and invoices are stored on a reliable and durable device which may be produced as proof.
- Right of withdrawal
5.1. In accordance with Australian Consumer Law, the Client has the ability exercise the right of withdrawal without penalty, and without the need to provide any reasons or incur any penalties.
For online bookings through the Website, the reference date for the withdrawal period will be the date on which the booking form was submitted and the online deposit paid.
5.2. Should the Client wish to withdraw from the contract, he/she should send an email with acknowledgment of receipt to Wellness Glow before the withdrawal period ends.
The Client’s withdrawal will not be valid until the Client receives notification from Wellness Glow that his/her withdrawal has been received and accepted.
5.3. Under Australian Consumer Law (as of 09/10/2018)
You must pay for services you’ve received under a service contract that worked as projected/expected.
You can’t cancel a service contract or get a refund if the problem was outside the control of the provider or if you:
changed your mind
insisted on having a service provided in a particular way, against the provider’s advice
failed to clearly explain your needs to the provider.
Cancelling your service
If you have a problem with a service, take the following steps:
Contact the service provider verbally or in writing to explain the problem. If the provider cannot fix the service in a reasonable time, state that you want to cancel the service contract.
Show proof of purchase with a receipt or bank statement.
Cancelling bundled products & services
Businesses often sell related goods and services together as a package. Sometimes a problem develops with one part of the package — the product or service.
If you return goods due to a major problem, you have the right to cancel any service contracts they were provided with.
If you cancel a contract for unsatisfactory services, you must return any goods connected with the service—even if there is no problem with the goods.
It is your responsibility to return the goods, unless this would involve a significant cost. In such cases the business is responsible for collecting the goods.
- Guarantees and liability
6.1. Services and prescriptive advice are prescribed by the naturopath responsible for the Client’s care. The naturopath (BHSc) then recommends appropriate treatments for the Client during/post the services, consultation or package duration.
6.2. Wellness Glow guarantees that the Services, Individual Consultations/Packages booked comply with the Specific Terms and Conditions.
This guarantee of compliance applies solely to the correspondence between the treatments and services provided and the information and features described in the Specific Terms and Conditions.
Wellness Glow is bound by a duty of care covering its provision of the treatments and services included in the services selected by the Client. This obligation involves the implementation of all procedures required for the provision of its treatments and services.
Wellness Glow cannot, therefore, guarantee that the services selected and its benefits will meet the needs and expectations of the Client, particularly in relation to the Client’s libido or chronic health concern.
6.3. Complaints should be made no later than 10 days after the end of the Service and should be sent by email with acknowledgement of receipt to Wellness Glow at the contact details shown in article 10.1 of the present terms and conditions.
6.4. In the case of the package (Starter, Standard and Ultimate Glow) services, Wellness Glow cannot be held liable for medical guidance that was or was not adhered to.
In no case may Wellness Glow be held liable in the case of force majeure, or due to the actions of any third party not involved in delivering the services specified in the contract or the improper execution of the contract by the Client.
All references to prices, services and administrative and health-related procedures in Wellness Glow advertising are provided for information only and do not constitute a commitment on our part.
6.5. Wellness Glow every effort to provide the Client, through the Website and via direct correspondence, with the most reliable and comprehensive information possible relating to its services.
The photographs, visual material and illustrations used to show services, individual treatments, services and facilities are included for information only, and have no contractual value.
- Financial conditions
7.1. Prices indicated by Wellness Glow include all taxes and fees.
They are valid from 1 October 2018 to 30 June 2019, although changes may be made during the course of the year as a result of a change in the rate of GST or the modification of a particular promotional offer.
The prices of approved packages consisting of different therapeutic approaches and medical recommendations are provided for information only and remain subject to legal or contractual changes, chiefly those made by ATMS.
7.2. The Client is required to pay upfront when booking a Service on the Website. The payment should be made by bank or credit card, using the SimpleClinic’s secure site, via Ezidebit. Monthly payments are required for Packages, for the duration of the contract. Until monthly payments are deposited, Wellness Glow reserves the right to withhold services until payment is accepted.
Wellness Glow requires invoices for additional services to be paid within 7 working days of invoice issuing.
Wellness Glow guarantees the security and confidentiality of information shown on the Client’s bank or credit card.
7.3. In line with the booking and payment methods used by the Client, Wellness Glow will confirm the Client’s booking of his/her service upon receipt of the corresponding payment, and will automatically send a summary of the booking for the service and the banking transaction to the Client at his/her email address.
7.4. Wellness Glow reserves the right not to process any reservation for which the payment is not authorised by the relevant banking services.
7.5. The balance of the cost of additional services for which he/she is liable (patient’s contribution) must be settled by the Client no later than 7 working days post commencement of his/her service and may be paid by bank or credit card.
- Modification and cancellation of the Course of Treatment
8.1. Any modification to the initial service booking should be sent by email, indicating the desired changes, and must be followed by express acceptance in writing from Wellness Glow. Requests for modification are not accepted within 24 days of the scheduled service.
8.2. Cancellation requests may only cover the whole Service (naturopathic treatments and additional optional services) and must be sent in writing via email to Wellness Glow, which will, in this case, apply the following pricing and refund conditions:
- For notification of cancellation received more than 10 days before the commencement of the Services, the full booking deposit will be refunded;
- For notification of cancellation received less than 48 hours before the commencement of the Service, the full deposit paid will be retained.
- In the case of non-arrival or notification of cancellation within 24 hours of the commencement of the services, the full deposit paid will be retained.
- In the case of cancellation mid-contract for commenced packages, the payments made already are non-refundable. Further discussion regarding the duration of the contract and monthly instalments will occur, at Wellness Glow/Alannah de Munck’s discretion.
Wellness Glow is not obligated to cancel your contract due to change of mind.
8.3. The reference date for the cancellation will be the day on which Wellness Glow receives notification by email.
8.4. Where forced to do so by unforeseen events beyond its control, Wellness Glow will offer a refund of sums paid, based on the services which were not delivered. However, no claim for damages will be accepted.
- Personal information
9.1. The Client’s personal information, collected via form documents, along with any future information, is intended for the sole use of Wellness Glow and, where necessary, by the Client’s personal doctor responsible for the Client, as required for the booking process, under Australian reporting Laws and for the delivery of the service.
9.2. This information will not be transmitted or transferred to third parties other than the technical service providers responsible for the booking service and client notes storage. They are bound by a duty to maintain the confidentiality of the information and to use it solely for the specific service they perform.
9.3. Client data may also be used to improve and personalise communication with him/her, particularly through newsletters to which the Client may subscribe.
9.4. Wellness Glow stores the Client’s personal data on its own servers and undertakes to keep this data strictly confidential.
9.5 De-identified Client personal data may be used for training, educational or advertisement purposes. Wellness Glow endeavours to seek out Client permission prior to this, however, does not require Client consent to do so.
10.1 Contact details
For further information, or if you have a question, please contact Wellness Glow/Alannah de Munck:
Or via contact form on www.wellnessglow.com.au/contact/
10.2 Changes to the contract
The Service Provider reserves the right to unilaterally change the terms of the present terms and conditions in the event of technical, legal or jurisprudential developments, or when new services are offered.
However, these changes will not apply to Clients who reserved their Services before the date on which the changes came into force.
Should a situation arise where one of the provisions in this Contract is considered void in accordance with a legal or regulatory provision, either present or future, or a legal decision that has the force of res judicata and was delivered by a competent court or body, this provision of the contract would be considered null and void, and all other provisions in the Contract would remain in full force and effect.
The fact that one or other of the parties does not avail itself at a given time of any of the provisions of the present contract may never be construed as a waiver by it of the rights it holds hereunder.
- Applicable law and competent court
This Contract is subject to Australian law, in terms of both substance and form.
In the event of any dispute arising from the execution or interpretation of the present terms and conditions, the Australian version alone will be valid for the purposes of interpreting them. The parties furthermore agree to come together and attempt to find an amicable solution to their dispute before initiating legal proceedings before the competent court.
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