Terms & Conditions | Thriving Naturally

Introduction

Welcome to our website. We encourage you to look around. Thriving Naturally 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. Please note this website (Site) is owned and operated by Thriving Naturally (ABN 54567477854) (we, us, our). It is available at www.thrivingnaturally.com.au and may be available through other addresses or channels.

Agreement To Terms
Thriving Naturally: ("I” "Us", "We", "Our") defines Thriving Naturally.
Patient: ("Customer", "Client", "Participant", "You", "Your") defines the person whom receives the Products and/or Services from Thriving Naturally.
Website: refers to the Thriving Naturally domain, www.thrivingnaturally.com.au Products: refers to the items that Patients can purchase from Thriving Naturally.
Services: ("Appointment", "Consultation", "Booking") refers to the agreement under which one party (Balanced Beings Collective) agrees to provide their marketed expertise in naturopathy to another party (Patient) in exchange for remuneration.

Consent

By using our Site you agree to be bound by these Website Terms of Use (Terms) and our Privacy Policy (as may be amended from time to time). Please read these Terms carefully and immediately cease using our Site if you do not agree to them. If you breach any of the Terms, you are prohibited from continuing to use the Site.

Age

Any persons using this Site for the purpose of purchasing any services or products offered on this Site at any time must be at least 18 years of age or accompanied by a legal guardian.

Variations

We may from time to time update or otherwise vary these Terms and any such changes will be posted to this Site. Please visit our Site regularly to ensure you are up to date with our current terms. Materials and information on this Site (Content) are subject to change without notice. We do try to keep the Content our Site up-to-date however we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Personal use only

Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

Exclusion of competitors

You are prohibited from using our Site, including the Content, in any way that competes with our business.

Prohibited conduct

You must not do or attempt to do anything that is: unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

using our Site to defame, harass, threaten, menace or offend any person;

interfering with any user using our Site;

tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

using our Site to send unsolicited email messages; or

facilitating or assisting a third party to do any of the above acts.

Our Content

The Content is not comprehensive and is for general information and educational purposes only. It does not consider your individual or specific needs, objectives or circumstances, and it is not professional advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not, without our prior written consent (which may be withheld in our discretion):

copy or use, in whole or in part, any Content;

reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

In certain circumstances we may be willing to let you reproduce or share some of our content however please email us at if you require permission to reproduce any of the Contents of this Site.

User Content

If from time to time we allow you to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site, you do so subject to these Terms. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites

Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites or the availability of those websites. The links are provided solely for your reference and convenience. You should make your own investigations with respect to the suitability of those websites for your purpose or needs.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

access will be uninterrupted, error-free or free from viruses; or

our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

This Site may use cookies to monitor browsing preferences. By using our Site or by agreeing to these Terms, you consent to our use of cookies in accordance with the terms of our Privacy Policy (available on our Site).

Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Severance

If any provision of these Terms is held by a competent authority to be invalid or unenforceable or otherwise becomes illegal, in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.

No waiver

Neither the failure by us nor your failure to enforce any part of these Terms constitutes a waiver of such Terms. Such failure will in no way affect the right to later enforce a part of these Terms.

Jurisdiction

Your use of our Site and these Terms are governed by the laws of Queensland. Any dispute arising out of your use of the Site or the Content shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction in which you access our Site

Appointment Reschedules, Cancellations & No Shows
At Thriving Naturally, we strongly value our client’s time, therefore, in return we appreciate your mutual respect. Taking this into consideration, Thriving Naturally requires a minimum of 48 hours’ notice for all appointment reschedules and cancellations.
You will receive a confirmation email when your appointment has been scheduled. You will also receive a text message reminder 2 days before your appointment.
For any enquiries relating to rescheduling your appointment, please contact us as soon as possible via email at hello@thrivingnaturally.com.au. Please keep in mind that we are generally booked out 1 to 2 months in advance and may not be able to reschedule your appointment within a convenient timeframe.
Booking deposits can be credited to your patient profile only should you cancel any time before 48 hours from your scheduled appointment time.
Cancellations made within 48 hours of the appointment will result in a fee of AUD$50.
Cancellations made within 24 hours of the appointment will result in a fee equivalent to the cost of the confirmed appointment.
Rescheduling within 24 hours or more notice will not be charged a fee.
Rescheduling within 24 hours of the appointment will result in a fee of AUD$50.
A "No Show" is defined as a patient who fails to show up to their confirmed appointment; or a patient who forgets about their confirmed appointment.
All no shows will result in a fee equivalent to the cost of the confirmed appointment time.
All no shows who reschedule will incur a no show fee of AUD$50.
If for any reason, a practitioner from Thriving Naturally cannot attend an appointment due to sickness or unforeseen circumstances, the client will be advised as soon as possible. In this instance, Thriving Naturally offers the client an option to either reschedule their appointment or receive a full refund of appointment costs.

Client Intake Forms
Thriving Naturally requests new clients 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.

Payment
Thriving Naturally requires upfront payment of your service upon booking your appointment.
Bookings manually entered by our team require payment of deposit up to 24 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.
Payment methods for Products and Services include Card (EFTPOS, Visa, MasterCard, AMEX), Cash and Bank Transfer (Osko)
Afterpay can be used to purchase Products from our online store only. This is not an accepted payment method for Services.
Payments made by any form of Debit/Credit Card (Debit, Visa, Mastercard, AMEX, Google Pay, Apple Pay) 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 Thriving Naturally within 72 hours of the appointment time.
Failure to make payment within 72 hours of your appointment time will result in an overdue fee of AUD$5 per week from the date the invoice has been deemed overdue (6 business days after due date).
An overdue fee will continue to be added to your invoice until full payment of your invoice is received, or until your invoice is passed over to our credit management agency, Marshall Freeman.
Your invoice will be forwarded to our credit management agency if your invoice has not been paid within 3 weeks of your appointment date.
As a gesture of goodwill and at the discretion of Thriving Naturally, we may offer you to pay your overdue invoice in 2 split payments over 2 weeks. The first payment must be made within 48 hours. If payment is not received within 48 hours, this offer will be revoked and full payment is required immediately.
Payment must be made to us within 72 hours of receiving a final reminder email. Failure to do so will result in Thriving Naturally outsourcing you to our credit management agent.
If full payment is not made in accordance with our Terms & Conditions, Thriving Naturally 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 Thriving Naturally 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).
Thriving Naturally strictly does not offer any refunds to products or services, unless a product is considered faulty.

Medical disclaimer

The Content on our Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have about a medical condition or regarding your physical or mental health and wellness. Never disregard professional medical advice or delay in seeking it because of something you have read on our Site. If you experience any pain or difficulty with exercise or diet, stop and consult your healthcare provider. If you think you may have a medical emergency, call your doctor or 000 immediately.

For any questions and notices, please contact us at:

Thriving Naturally
hello@thrivingnaturally.com.au

Emma English ABN 54567477854

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