Terms of service

Overview

Welcome to our website operated by Sense of Health. Throughout the terms “we”, “us” and “our” we refer to Sense of health. Sense of Health offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By continuing your visit of our site and/or purchasing something from us, you are engaging in our “Service” and agree to be bound to the following terms and consitions (“Terms & Conditions of Service”, “Terms”, “Terms and conditions”, “T&Cs”), including additional terms and conditions and policies referanced herein and/or available by hyperlin. These Terms & Conditions of Service apply to all users of the site including without limitation user who are browsers, vendorsm customers, merchants, and’or contributors of content.

Please read there Terms and Conditions of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound to these “Terms and Conditions of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms and Conditions of Service are considered an offer, acceptance is expressly limited to these Terms and conditions of Service.

1- AGREEMENT TO TERMS

Sense of Health: (“Sense of health”, “Us, “We, “Our”) defines Sense of Health.

Patient: ("Customer", "Client", "Participant", "You", "Your") defines the person whom receives the Products and/or Services from Sense of Health.
Website: refers to the Sense of health domain, senseofhealth.com.au
Products: refers to the items that Patients can purchase from Sense of Health

Services: ("Appointment", "Consultation", "Booking") refers to the agreement under which one party (Sense of Health) agrees to provide their marketed expertise in naturopathy to another party (Patient) in exchange for remuneration.

2 - APPOINTMENT RESCHEDULES AND CANCELLATIONS

As complementary medicine practice we strongly value the client’s time, therefore, we appreciate your mutual respect. We required a minimum of 48hours notice of all appointment reschedules and cancellations.

You will receive a confirmation email once the booking/appointment if confirmed. For any inquiries relating cancelling or rescheduling your appointment, please contact us as soon as possible via email at adelesenseofhealth@gmail.com.

Booking deposits can be credited to your patient profile if you cancel any time before 48 hours from your scheduled appointment time.

If you cancel your appointment within 48 hours of your appointment time, or do not attend a scheduled appointment, a fee equal to the cost of your appointment will be issued.

If you reschedule your appointment within 48 hours of your appointment time, no fee will be issued.

If you reschedule your appointment within 48 hours of your appointment time, and cancel or do not attend your rescheduled appointment, a fee of AUD$50 will be issued.

If you reschedule your appointment within 36 hours if your appointment time, a fee of AUD$50 will be issued.

If for any reason, a practitioner from Sense of Healthcannot attend an appointment due to sickness or unforeseen circumstances, the client will be advised as soon as possible. In this instance, Sense of health offers the client an option to either reschedule their appointment or receive a full refund of appointment costs.

3 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The material on this site is for general information purposes only. Whilst we have exercised due care in ensuring the accuracy of the material contained on this website, the information is not specific nor does it take into account your personal circumstances. We are not responsible if information made available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk.

Whilst we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

5 - CLIENT INTAKE FORMS

Sense of Health requests all new clients without exception to complete the Client Registration form and the Pre-Assessment Questionnaire at least 24 hours before the scheduled appointment. These forms are included in your booking confirmation email. 

Where an intake form is not completed prior to the scheduled appointment, it will need to be completed during your consultation at the expense of your consultation time. With consideration and respect for our practitioners and other clients, no additional time will be allocated to compensate for lost time and full consultation fees will be charged.

6 - MINORS

By using Sense of Health, you are accepting that you are at least the age of majority in your state/territory of residence and are accepting complete legal responsibility of any person in your household or who is using your electronic device who is under the age of majority in your area, including, but not limited to, any of your minor dependents who may be using our Website. 

You also hereby agree to in no way, either directly or indirectly, provide us with any personal data or information relating to any of your minors who is twelve years or under. 

You also consent to your complete and direct supervision for their use of our Website and in all communications between or among the parties. 

You agree that any communications between or among the parties, that you may consider private, and that not all electronic networks, whether online or private are always secure. 

Bookings of those who are not the age of majority must be filled and completed by a parent or guardian with the minor’s details. The parent/guardian must also be present at any consultations with persons who are not the age of majority. 

In Australia, the age of majority is any persons over the age of 18 years.

7 - COMMUNICATION

 Sense of Health may use your Personal Information to contact you with newsletters, marketing/promotional materials or other information that may interest you. You can opt out from these by following the “Unsubscribe” link or instructions provided in correspondence with us regarding unsubscribing from our mailing list.

All correspondence to Sense of Health and their practitioners regarding appointments and general enquiries should be via email at adelesenseofhealth@gmail.com.

Messages sent via Instagram, Facebook or any other means are not monitored frequently. Please do not send queries to these accounts. 

All communication to and from Sense of Health (including, but not limited to social media, emails, phone calls) will be monitored and made solely by a member of administration. Practitioners will not be responding to queries outside of a patient’s consultation session.

If your enquiry relates to a medical emergency, please seek medical attention immediately with your GP or hospital, or call 000.

8 - PAYMENT

Sense of Health requires payment equal to AUD$100 upon booking your appointment. 

Bookings manually entered by our team requires payment of deposit within 48 hours after receiving email confirmation in order to secure your appointment. Failure to do so will result in cancellation of your appointment. 

Booking deposits are strictly non-refundable, regardless of circumstances.

Account credits are strictly non-refundable, regardless of circumstances.

Payment for Initial Consultations are required in full 14 days prior to your appointment date.

Payment methods for Products and Services include Card (EFTPOS, Visa, MasterCard), Bank Transfer.

Payments made by any form of Debit/Credit Card (Debit, Visa, Mastercard) will incur the current card surcharge at time of payment. 

Neither Products nor Services are eligible for refund, unless a product is considered faulty.

Payment for services must be made to Sense of Health within 48 hours after your scheduled appointment time. 

If you accept the recommended treatment of individualised medicines (Compound and/or Herbal Medicine and/or Homeopathics) at the time of your consultation, this is deemed "custom made" and must be paid for alongside your service fee, regardless of circumstances.

If full payment of your invoice is not made in accordance with our Terms & Conditions, Sense of Health reserves the right to pursue you for payment of our fees, outlays, interest and costs associated with recovering such amounts. 

Purchasing a Product or Service from Sense of Health involves the collection of certain payment and billing data by our third-party partners. Data collection may include, but is not limited to your name, credit card number, security code, expiry date, billing address and postcode. All transactions are fully encrypted via Stripe Payments Pty Ltd and follow strict Payment Card Industry (PCI) standards. Stripe holds the highest level of payment processor security (PCI Service Provider Level 1). 

Sense of Health strictly does not offer any refunds to products or services, unless a product is considered faulty.

9 - DELIVERY POLICIES

Sense of Health posts using Australia Post services, therefore, we have no control over shipping times once handed over to Australia Post.

Signature is not required upon delivery of parcels. Patients may request this as an extra service, however a surcharge will be added to your total order cost.

Parcels are not our responsibility once leaving our premises. This includes, but is not limited to, failure to deliver parcels, damaged parcels, and lost or stolen parcels. For any issues relating to delivery, you may wish to refer your complaint to:

Australia Post

Phone: 13 POST (13 7678)

Online Form: https://helpandsupport.auspost.com.au/s/missing-or-lost-item.

10 - PRODUCTS POLICIES

Information provided on Sense of Health’s Website and Sense of Health products are not intended to diagnose or treat any health condition. 

Any health condition should be referred to your chosen health care practitioner. Check with your health care practitioner before commencing any Products provided via our online store. Be aware of any personal or family allergies or any contraindications that may be affected using Sense of Health products. 

Payment must be received in full before Products can be dispatched from clinic.

By placing an order, you are offering to purchase a Product on and subject to the following terms and conditions. 

All orders are subject to availability. Dispatch times are dependent on availability and may be subject to delays with the shipping service beyond our control. 

When purchasing a Product, you agree that:

- You are over the age of majority for your state/territory of residence.

- You will consult with a health professional before commencing the Product. 

- You do not have any known allergies or contraindications to the ingredients contained in the Product. 

- You are not pregnant. 

When purchasing a Product, you declare that you Sense of Health is not held responsible to any risks or health outcomes associated with that Product. 

When we receive your order, we will email you an acknowledgement of receiving your order. This is an acknowledgement email only and does not constitute acceptance of your order. A contact between us will only be formed when we email you a confirmation that your order has been dispatched to you. Only those items listed on the confirmation email will be included in the contract. 

Our Products have not been approved by the Australian Therapeutics Goods (TGA) association. All our Products are food supplements only and should be treated as such. 

The Products and methods mentioned or recommended on this Website and within Products are not intended to diagnose, treat, cure or prevent any illness or disease, nor are the Products and methods intended to replace medical advice or help.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or Services that we offer.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.

We reserve the right to discontinue any product at any time.

Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

11 - ACCURACY OF BILLING & ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

12 - MODIFICATIONS TO SERVICES & PRICES

Sense of Health reserve the right at any time to amend or discontinue Products or Services (or any part or content thereof) without notice at any time.

Prices for said Products and Services are subject to change without notice at any time. 

Sense of Health is not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

13 - BUSINESS RIGHTS & RESPONSIBILITIES

Sense of health recognises the responsibility for all information and content provided on this website. All information and content provided is based upon research, internal & external information, degree-based knowledge, personal experiences and opinion. 

We will not provide Patients a copy of their test results until a return consultation has been completed. It is our duty of care to wait until a consultation to discuss test results.

Sense of Health aims to provide current, up-to-date, and accurate content. 

Sense of Health does not take the duty of care or provide individual health advice out of 1:1 naturopath consultation and 1:1 homeopathic consultation. For professional medical advice regarding your health, visit your health care professional.

14 - VISITOR RESPONSIBILITIES

Those who visit the Sense of Health Website are responsible for their personal health and safety. 

Information and Products on this Website should not be taken as medical advice.

Information and Products on this Website is not individualised.

15 - COMPLIANCE WITH LAWS
Sense of Health may disclose personal information in special situations, where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering with our rights, property, users, or anyone else who could be harmed by such activities. 
We will disclose your personal information where required to do so by law or subpoena, or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement, or to protect the security of our Service.

16 - LIABILITY
By using this Website, you agree to indemnify us from and against all claims, suits, demands, liabilities, costs or expenses, including but not limited to, arising out of or in any way related to the use of this Website by you. 
All due care has been taken to accurately precent information on this website. In the event there has been an error on this website, we cannot be held responsible. 

17 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

18 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

19 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms & Conditions of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

20 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Sense of Health, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 21 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sense of Health and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 22 - SEVERABILITY 
In the event that any provision of these Terms & Conditions of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 23 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms & Conditions of Service are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 24 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms & Conditions of Service shall not constitute a waiver of such right or provision.
These Terms & Conditions of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms & Conditions of Service shall not be construed against the drafting party.

SECTION 25 - GOVERNING LAW
These Terms & Conditions of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 26 - CHANGES TO TERMS & CONDITIONS OF SERVICE
You can review the most current version of the Terms & Conditions of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions of Service constitutes acceptance of those changes.

SECTION 27 - TERMS & CONDITIONS OF SERVICE AND PRIVACY POLICY AGREEMENT
The headings for sections do not affect the meaning of the Terms & Conditions and Privacy Policy Agreement. 
You agree to the above Terms & Conditions and Privacy Policy when entering our site. 
You agree to review this Privacy Policy and Terms & Conditions periodically to ensure you are satisfied with any changes. 
From time-to-time, we may request you to verify and re-verify your intent to continue as a party to these terms & conditions and policy. You pledge your best efforts to cooperate with us. 
This version is the last update of our Terms & Conditions and Privacy Policy, and have been effective since the date listed at the end of this document.

SECTION 28 - QUESTIONS OR FEEDBACK
Questions or feedback about our Terms & Conditions of Service should be forwarded to us via email. Our contact information is below:
Sense of Health
adelesenseofhealth@gmail.com
ABN:90 943 369 073

Last edited 15/06/2023