These Terms and Conditions (Terms) govern your use of the Blossom To Blooming website located at https://www.blossomtoblooming.com (Site) and constitute a binding contractual agreement between you (you, your) and us,
Echuca Family Acupuncture Pty Ltd ACN 611 895 375 trading as Blossom to Blooming (Echuca Family Acupuncture, we, us, our).
By accessing and using the Site and our Services, you warrant:
(i) that you have had sufficient chance to read, review and understand these Terms
(ii) you agree to be bound by them.
These Terms were last updated December 2021.
Echuca Family Acupuncture is a natural health care clinic of registered Chinese Medicine Practitioners specialising in Traditional Chinese Medicine and Acupuncture, which offers extensive experience and treatment options as well as online education.
Echuca Family Acupuncture is a wellness clinic of registered Chinese Medicine Practitioners that provide guidance and treatment within the scope of practice as regulated by the Australian Health Practitioner Regulation Agency (AHPRA) and Chinese Medicine Board of Australia (CMBA).
The content on our Site is for general informational purposes only.
The information and material available on this Site is not intended as, and should not be used to replace specific professional medical advice (including advice on diagnosis, treatment or prevention of any medical condition) or for any therapeutic purpose.
If you have, or suspect you may have a health issue, always seek professional medical advice from your general practitioner, or other qualified healthcare provider.You acknowledge and agree that the Site is an information service only.
Echuca Family Acupuncture/Suzy McCleary is not responsible for any injury or loss that you may suffer as a result of following advice on the Site.
You must not rely on the information on this Site as an alternative to medical advice from a medical practitioner or other professional.
The advice is intended for general information purposes only, and not as a substitute for medical advice, diagnosis or treatment.
If you have specific health concerns, pre-existing medical conditions or questions regarding your medical condition you should consult a qualified medical professional. You are at all times responsible for seeking independent advice from your healthcare professional before acting on or following any information or material available on the Site.
You acknowledge and agree that it is your responsibility to consult with your healthcare professional before using any of the information on the Site (especially if you have diabetes, high or low blood pressure, cholesterol issues, you are pregnant or you are trying to conceive).
At times the Site will contain recommendations.
These recommendations are only provided for general information and you should not rely on them.
They are not provided as medical or professional advice or opinion.
They naturally do not take into account factors specific to you and your circumstances.
You should therefore always seek your own advice on any health or fitness related matters from your healthcare professional.
To the full extent permitted by law, Echuca Family Acupuncture disclaims all liability and/or responsibility for any adverse outcomes that might arise, directly or indirectly, from any recommendations on the Site.
The Site and author are acting in good faith and shall have neither liability nor responsibility to any person or entity with respect to any loss, damage, or injury caused or alleged to be caused directly or indirectly by the information contained in this Site.
Through this Site and linkages to other sites, general information is provided for informational purposes only.
The acupuncture, acupressure, dietary & lifestyle advice and Chinese medicine or herbal medicine information provided in this Site, or through linkages to other Sites, is not a substitute for medical or professional care, and you should not use the information in place responsible for any advice, course of treatment, diagnosis or any other information, services or product you obtain through this Site.
Individual conditions vary from person to person and no action, supplement or advice is suitable for every person or circumstances.
We do not guarantee, and make no express or implied warranties as to any specific results. Your results will depend on many factors.
Any representations, testimonials or comments on our Site are for general informational and marketing purposes only, and we make no guarantees that you will achieve the same or similar results.
All material on this Site and information otherwise delivered by us including (but not limited to) information material, articles, content, text, graphics, information architecture and coding (Content), is subject to copyright.
While you may browse or print Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it.
Modification of the Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
You acknowledge that you do not acquire any ownership rights by using the Site or Content.
The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Echuca Family Acupuncture (Marks).
The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Echuca Family Acupuncture, in any manner that is likely to cause confusion with customers, or in any manner that disparages Echuca Family Acupuncture.
Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Echuca Family Acupuncture will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.Subject to your compliance with these Terms, Echuca Family Acupuncture grants you a non-transferable, non-exclusive license to access the Site for your personal, non-commercial use.
You agree that:the Site and its Services will remain the sole property of Echuca Family Acupuncture and is subject to protection of copyright;
Echuca Family Acupuncture (and its licensors) owns all rights, title and interest, including all related intellectual property rights, in and to the Site;
The provision of the Site does not transfer to you for any third party rights, title or interest in or to such Site.
The Echuca Family Acupuncture name, logo and the product names associated with the Site belong to Echuca Family Acupuncture Pty Ltd (or its licensors, where applicable) and no right or license is granted to use them by implication, estoppel or otherwise.
Echuca Family Acupuncture reserves all rights not granted in this agreement.
To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any products or services supplied by us (Warranties), other than those implied by statute which may not be legally excluded.
Any liability we may have to you under warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the products or services again or repairing, or paying the costs of repairing, the products, at our sole discretion.
Limit of Liability
The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under Australian Consumer Law.
We do not make any express or implied representation or warranty about, and shall not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with our Site or Content.
In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon our Site or Content.
These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by you (including third party material and advertisements).
Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records. Accessing sites or servers maintained by other organisations through links on our Site or products or services. Links are provided for convenience only.
We do not endorse linked sites nor their products and services and you access them at your own risk.
The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms.
We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Content or through the use of our products or services.
We reserve the right to change any of the services at any time without prior warning or notice.
We reserve the right to change all treatment, product and service prices at any time without further notice.
Treatment prices may vary from client to client depending on the program, service or product sold to or brought by the individual client based on their personalised needs.
Right to Terminate
We reserve the right to terminate your use of our Site or our products and/or services generally if you breach these Terms, as determined by us in our sole discretion. Refunds are not provided for our products and/or services that have been rendered by us, including where You have been given access to Our Content whether accessed by You or not, unless We are in breach of the Australian Competition and Consumer Act 2010.Refunds will be provided where required under the Australian Consumer Law. Affiliate DisclosureAs affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from our Site.
These Terms (including any terms or policies incorporated by reference) set out the entire agreement between you and us concerning its subject matter and supersedes all prior communications.
We may alter these Terms from time to time by posting the altered version on our Site. You should visit our Site regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to products ordered via our Site after the alteration takes effect.Links
1. You are welcome to create links from your website or social media account to our Site.
However, you must not use Echuca Family Acupuncture Marks for this purpose, unless you have Echuca Family Acupuncture’s permission.
2. Our Site may contain links to sites not owned or operated by Echuca Family Acupuncture. Any links to third party sites on our Site are purely for information purposes only and for your convenience.
By no means does this indicate that we endorse, sponsor, affiliate or recommend any products, services or content within third party sites and solely exclude ourselves from any liability associated with their site content, its owners or its providers. It is your personal responsibility to ensure that any information on products or services available on our Site meets Your specific individual needs and we take no responsibility for the misuse of this information.
3. Should a dispute arise between us, we strongly encourage you to contactSuzy McCleary by email [email protected] to seek a resolution.
Any reasonable requests will be considered and Echuca Family Acupuncture will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.Applicable law These Terms are governed by the law of Victoria, Australia.
The parties submit to the non-exclusive jurisdiction of the courts of Victoria and its appellate courts.
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Online Business, 337 High St Echuca 3564 Victoria Australia
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us: