Terms and Conditions
Welcome and thank you for choosing to share your health journey with Jane.
Please carefully read these terms and conditions before using this website and prior to requesting, booking, accepting or undertaking any Clinic consultation sessions and or therapeutic services, including acquiring and taking any remedies and products as recommended by the Clinic.
Your Acknowledgment and Acceptance
As part of the Clinic’s commitment to ensure optimum availability of services for all of its clients and as part of our objective to maintain a best practice clinical environment for all of its clients, it is important that you understand that by using this website, simple clinic’s website, the social media account and by requesting, booking, accepting and undertaking any Clinic consultations sessions and or therapeutic services, including acquiring and taking any remedies and products as provided by the Clinic, that you are acknowledging that you have accepted and will comply at all times with and agree at all times to be bound by all of the following terms and conditions and all of the Clinic’s polices (including terms and policies as listed below and as listed throughout this website, simple clinic’s website and the Clinic’s operating and marketing documentation):
Whole Agreement
By engaging the Clinic’s services and using this website and linked sites, you signify your acceptance of these terms and conditions of use and the Clinic’s policies.
For the purposes of these terms and conditions,
“Us”, “Our”, “We” and “the Clinic” refers to the Clinic operating as Jane Magic Intuitive Naturopath, the practitioners and employees operating and providing services and advise under the Clinic, the Clinic’s website addressed as https://www.janemagic-intuitivenaturopath.com.au (the “website”), the linked social media account, and the Clinic’s third party licensed booking website addressed at https://jane-magic.simplecliniconline.com/diary (the “simple clinic website”); and
“You” and “Your” refers to you, the client, guardian, visitor, user or person using this website, simple clinic’s website, the social media account and the Clinic’s services.
These terms and conditions represent the whole agreement between you and the Clinic concerning use and access to all of the Clinic’s services, the acquisition and use of the Clinic’s products and information, and the use of the website, the simple clinic’s website and the social media account.
No other term is to be included in this agreement, except where required to be included by valid Australian law.
All implied terms, except those implied by valid Australian law and which cannot be expressly excluded, are hereby expressly excluded.
Rights, Responsibilities & Relationship
This website and linked sites are marketing tools that provide within the sites promotional material that promote the services of this naturopathic and holistic therapeutic Clinic. These sites do not promote and the Clinic does not offer medical practice services, nor provide medical consultations and treatment services to its clientele. These sites provide marketing information only about the Clinic’s holistic and naturopathic services, marketing material that extend to educational materials expressed in its articles and through the promotion of specific events. These materials are designed to invite you to engage the Clinic’s services and may assist you to understand how you may take steps to personally commence the journey using naturopathic and holistic means, to assist you to understand health matters from a naturopathic and holistic manner, and to assist you to explore natural medicines and other holistic therapeutic options that you may enquire about and directly engage with the Clinic so that you may support your health goals using alternative natural health services and protocols.
The marketing materials and associated information found throughout the Clinic’s premises, documentation and online sites are not to be relied as specific health advise, and you acknowledge and agree that you must at all times seek professional advise from the Clinic with regard to your personal health concerns and discuss the most appropriate naturopathic and holistic session and service option that best suits your health needs.
Only specific naturopathic and holistic remedial information can be provided during a consultation session.
All health related information and recommendations received by a client during a session or service will at all times be provided by a trained naturopathic practitioner using trained knowledge and personal experiences, where the practitioner adheres to learned specific therapeutic treatment principles and therapy protocols.
All naturopathic and therapeutic treatment plans will be explained to you and your consent will always be sought prior to the provision of any service, product and or therapeutic treatment.
Any physical examination (review of your eyes, tongue, finger nails, etc) that you may receive during a session or therapeutic service will be explained to you and your consent will always be sought prior to conducting any physical examination.
Our Clinic provides a safe, respectful and professional environment and is committed to maintaining professional boundaries, to communicating honestly, to treating clients equally, with respect and compassion.
All clients attending the Clinic or during an online or phone session acknowledge that they will treat Jane and other practitioners at the Clinic, at all times, with courtesy and respect, will avoid abusive or aggressive language and behaviour, and will follow reasonable instructions and will respect the privacy and dignity of others at the Clinic.
All clients are aware and acknowledge that they will follow the Clinic’s policies and terms and conditions at all times whilst engaging with the Clinic’s practitioner and whilst participating or engaging a session or service (terms and policies that are outlined under these terms and conditions, that include the payment of fees on the day of the service, process and refunds for cancellations, no refunds being available for no shows, the Clinic’s limitation of liabilities provisions, etc).
You, as the client, acknowledge that:
the information presented in this website and linked sites are not intended to diagnose, prevent, treat or cure any sickness, diseases, health conditions, mental illnesses or medical conditions that you may have;
the review and use of the website, associated sites and reviewing the Clinic’s offerings are not meant to substitute professional advice and treatment, advise and treatment that you acknowledge must be separately sought and engaged with the Clinic;
no professional advise has actually been received nor provided to you with regard to any of your health matters or conditions simply by reviewing and relying on marketing material found within its sites and promotional material cited within or as received from the Clinic;
no commercial relationship has been formed between yourself, the Clinic and its practitioners by the simple act of viewing the online sites and the Clinic’s marketing material. A relationship can only occur if you have engaged our services directly, have paid for a service or session and you have received specific advise with regard to your health matter from a practitioner during an actual paid session and or service event);
any information that you have read or downloaded is for personal use and non commercial use and is provided solely for marketing purposes to a general audience to assist the audience to determine whether to engage the Clinic’s specific sessions and services;
any testimonials and beliefs displayed on this website is based on previous client and the practitioner’s own experiences, experiences and beliefs that are not provided as a guarantee that that same result(s) will be achieved by yourself or others; and
you are solely responsible for your own safety, health and well-being whilst browsing the internet and you did not act on anything that you have read on these sites or on material received by the Clinic without firstly having sought professional advise from the Clinic and its practitioner during your session or service with regard to your specific condition and circumstance.
Attendance
Consultations and therapy sessions are completed within set time frames as outlined under Consultations and Services.
Additional time frames requested by the client will occur an additional fee for payment that is calculated within 15 minute intervals.
It is highly recommended that you attend the Clinic 10 to 15 minutes prior to your in-person appointment or 5 minutes for online appointment(s).
A Clinic representative will call you several minutes prior to the commencement of your phone consultation appointment.
Your session commences at the time of your attendance within your allocated appointment time and the session will be completed within your allocated appointment time.
No concessions or refunds are provided for late attendance or lost time that may occur from late attendance.
Any client under 18 years of age, with disability or who require supervisory or assistive care, must have a parent, guardian or carer that makes their booking/appointment and they must at all times be accompanied by a parent, guardian or carer when attending a location during an in-person session, phone session or online session. You must be over 18 years or a guardian must act on your behalf to use these sites, to make a booking and to purchase any goods or services from the Clinic.
Payments and Reward Loyalty Program
Payments for sessions
Fees are detailed under each consultation and therapy session that is listed under the simple clinic clinic bookings page.
Online & Phone sessions
100% of consultation fee must be paid upfront when making a booking on the simple clinic bookings website or when making a direct booking with the Clinic
Physical sessions
50% of the consultation fee or therapy fee (other than acute consultation sessions and flower essence therapy that are 100% pre-payments) is required to be paid upfront when making a booking online on the simple clinic bookings website or when making a direct booking with the Clinic.
The remaining 50% balance of the session is due and payable at the completion of the physical session.
Payment(s) may be made in cash, eft or credit card.
Payment(s) for services or products delivered and provided during a session that do not form part of the fixed consultation or therapy booking/session fee, will be payable separately and in full at the completion of a consultation session.
Payments and Reward Loyalty Program
A reward loyalty program may offered at the discretion of the Clinic and or its practitioner to ongoing clientele and for client referrals.
Any reward discounts will be applied at the end of your session or against future purchases of goods.
For all client referrals, please email the Clinic the exact name and contact details of your referral and ask your referral to advise of your referral, so that you may avail yourself to your referral discount.
Cancellations & Refunds/Cancellation Fees
After 24 Hour Cancellations
At any time prior to 24 hours of your appointment, you may choose to cancel the Clinic visit, phone or online session.
The appointment/session pre-paid upfront payment amount:
will be re-applied to another booking time and date; or
fully refunded to you, if requested to be refunded.
Under 24 Hour Cancellations
Cancellation fees:
no refunds will be provided for pre-paid physical session bookings where cancellations are made under 24 hours of the appointment time.
50% refund will be provided for pre-paid online session bookings (excluding acute consultations and flower essence therapy) where cancellations are made after 24 hours of the appointment/session time. The remaining 50% balance will be retained by the Clinic as the cancellation fee.
The Clinic has the absolution discretion to re-apply non-refunded pre-paid booking fees to another re-booking session, only if the original appointment was cancelled for emergency situations or proven special circumstances.
Other No refunds
For completed paid consultation sessions or therapeutic services.
For No shows.
For taking possession, opening or consuming sold goods.
For having received confirmed delivery for pre-paid ordered goods.
Confirmation of Appointment
Our Clinic may conduct confirmation calls or SMS text messages 1-2 days prior to your appointment.
Regardless of whether a confirmation exchange was/was not issued or received, should an appointment be cancelled within the 24 hour period prior to the scheduled appointment time or a No Show occurs, the Cancellation Fee will still apply.
No Show
Failure to present for an appointment will be deemed a ‘No Show” and treated as a cancellation with less than 24 hours notice.
The Cancellation Fee will apply as per the above Cancellations/Refunds terms and conditions.
Refusal of Services
Our Clinic reserves the right to refuse any future appointment bookings, to offer or not to offer its services and or sessions to you; say if a core Clinic term and condition has been breached and the breach has not been rectified. No reasons are required to be provided to you under such circumstance.
No compensation is available to you if a service and or session has been denied to you by the Clinic and or its practitioner.
Health Refunds
Treatments are not eligible for health fund rebates.
Practitioner Products
Only practitioner products that are recommended and sold by the Clinic will form part of your treatment plan or be incorporated as part of your therapeutic session.
You agree not to acquire and substitute the Clinic’s recommended products with other third party non-recommended products. You acknowledge and agree that the Clinic takes no responsibility and is not liable in any form or amount to you for the potential impact from the acquisition and use of such products, that includes the ongoing effectiveness of your treatment plan and therapeutic services as provided by the Clinic to you.
Any products, dispensary, therapy sessions or additional services that are recommended, ordered for delivery and or provided to you by the Clinic and its third party suppliers, will be invoiced separately. These goods and services are invoiced and are required to be paid separately in addition to your paid consultation booking.
All goods physically supplied and orders that are confirmed for delivery are non-refundable.
Any products and dietary recommendations made are not intended to diagnose, prevent, treat or cure any health or medical conditions, but rather are to be used as food supplements that are designed to support the body’s natural biological restoration processes. Any products purchased and consumed was made at your discretion after you have made your own informed enquiries, research and decision making process. You acknowledge that the Clinic has always recommended that you should consult your physician or medical practitioner before taking any product, prior to making any dietary changes or commencing a therapeutic program, especially when you are consuming medications, if you pregnant or nursing.
Delivery of Goods
Physical goods may be delivered by Australia Post and/or other reputable nominated courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery are subject to supplier product availability as well as the delivery provider’s terms and conditions and their delivery time frames (that may take between 2 and 14 days depending on the delivery option selected).
Damaged or lost orders must be resolved with Australia Post or the nominated courier company directly and you acknowledge that the Clinic is not responsible for any goods that are damaged in transit or not received.
Any replacement of damaged or lost items is made at the discretion of the Clinic.
Digital goods (that include reports, assessments, iridology photographs, etc) are delivered electronically. Please be aware that there are inherent risks associated with downloading digital goods. Should you have any technical problems downloading of the digital goods, please contact the Clinic immediately, so that we may try to assist you further to resolve the download and receipt matter.
Limitation of Liability
It is an essential pre-condition that by using this website, the simple clinic website, the social media account and using the material provided by the Clinic and its practitioners that you agree and accept that these online sites and the Clinic, its practitioners and employees are not held legally responsible for any loss or damage that you might suffer related to your use of these sites and information provided, whether the loss or damage had occurred from errors or from omissions in the documents, information or from any other use of these sites and services. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any products, information or materials are entirely at your own risk, for which we and the listed third parties shall not be liable.
It is an essential pre-condition that by using and relying on the Clinic’s and its practitioner products, services, therapies, advice and information that you agree and accept that the Clinic, its practitioners, employees and third party suppliers are not held legally responsible for any loss or damage that you might suffer related to your use of any of our goods, services, therapies, information and or advice, whether the loss or damage occurred from errors or from omissions. Your use of, or reliance on, any products, therapy, service, information or advice are entirely at your own risk, for which we and the third parties shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through these sites and Clinic’s services meet your specific and personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we and our third party providers expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
The Clinic will not accept any liability for any result, direct or indirect, of you taking any product, using our service or relying on our advice. The Clinic, its practitioners, employees, suppliers and online site providers are not to be held responsible for any such claim(s) made against them.
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3–2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability for any potential breach of a term of this agreement or for loss and or damage suffered by you for any and all claims is limited to:
the supplying of the goods or services to you again;
the replacement of the good(s) or services; or
the payment of the cost of having the goods or services supplied to you again.
Indemnity
You take full responsibility for your health and the impact on your health from the implementation of any suggestions that the Clinic or its practitioner(s) make during any consultation session or therapeutic service.
No claim can be made against the Clinic nor its practitioners, where you have failed to disclose all your beliefs, historical medical conditions, medications being consumed, allergies and other like conditions and information that impact your health and cause interactions with you and your current medical treatments. In such circumstances, the accuracy of any assessment and recommendations have been compromised and require re-assessments and new recommendations to be made based on all accurately disclosed client medical health information.
You acknowledge that the consultations or services are not designed to and cannot be relied upon to confirm chronic illnesses, or to be used as a diagnostic medical tool, or that the Clinic is offering and acts as a medical practice or diagnostic service; especially where appropriate medical assessments and diagnostic services are available and ought to be undertaken by you at an appropriate medical or other diagnostic medical facility.
The Clinic offers functional testing services that are provided by third party diagnostic service providers, and you acknowledge that all claims with regard to these test results and interpretation of these retest results are to be made directly to the third party functional testing provider, and no claim can be made against the Clinic and its practitioners.
You understand that any advice provided by the Clinic and its practitioners are naturopathic and holistic in nature, are limited and are designed to provide you with alternative naturally based options for your consideration as a support mechanism for your health, and that you are solely responsible for any actions and products that you choose to take to support your health.
It is your sole responsibility to disclose all medical conditions and medicines consumed during and prior to consultation or therapy session. It is your responsibility to consult your medical practitioner with regard to the potential interaction of recommended products to your existing medication and health conditions. It is your responsibility to undertake appropriate medical testing with your medical practitioner when recommended by your medical practitioner. It is your responsibility to undertake your own research to determine if the products and services is for you and will assist in your health. No claims can be made against the Clinic and its practitioners where remedies and products consumed interact with your medication and medical treatments.
It is important that you always consult your own values and vision, ask questions, seek guidance, seek medical advise, do your own research, and make informed choices about how to proceed with your health and the use of recommended products and services.
You acknowledge and agree by undertaking a consultation session or a therapeutic service that you indemnify the Clinic and the practitioners at all times against all consequences arising directly or indirectly from your choices, unless the Clinic has breached its core professional responsibilities to you.
Subscribing and Unsubscribing
By subscribing, you have elected to join the Clinic’s mailing list to receive Clinic offerings, newsletters, specials, programs and event notifications.
To unsubscribe, simply send the Clinic a message as located on the Contact Page.
Privacy Policy
This Clinic is committed to protecting your privacy.
Please read our separate Privacy Policy carefully, as it outlines how we collect, protect and use your confidential information to maximise the Clinic’s services to you.
The Clinic does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and our services, but not for any other use.
The Clinic may be required to disclose information in good faith and under certain circumstances that include where it is required to do so by law or by court, to enforce the terms of your agreement, to protect the rights, property or safety of the Clinic, this website and simple clinic’s website, and to protect the rights of its customers and third parties.
Copyright, Trademark and Restrictions of Use
This website, our social media account and the simple clinic’s website contains material which is not owned by or licensed to us. This material includes, but is not limited to the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on these sites for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on these sites.
The Clinic expressly reserves all copyright and trademark in its website, simple clinic’s website and the social media account and in all documents and information on these sites.
The Clinic reserves the right to take action against you if you breach any of these terms, including any redistribution or reproduction of part or all of the contents in any form is prohibited (other than you may print or download to a local hard disk extracts for your personal and non-commercial use only, that you agree to delete immediately at the time of non use).
You may not, except with the Clinic’s express written permission, distribute or commercially exploit the content, nor may you transmit it or store it in any other website, social media platform/publication or other form of electronic retrieval system or obtain any such information through a third party.
If you breach this term then the Clinic will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such un-permitted and improper use.
The Clinic reserves the right to exclude and not permit any person from using its website, simple clinic’s website, the social media account or any of the documents and information contained on it.
Amendment of Terms
We reserve the right to change, modify, add or remove portions of these terms, conditions and policies at any time.
Please check these terms, conditions and policies regularly prior to using our website, the simple clinic’s website and our services to ensure you are aware of any changes.
We will endeavour to highlight any significant or substantive changes to you where possible.
If you choose to use our website, the social media account, the simple clinic’s website and request, book, accept and undertake any Clinic consultations sessions and or therapeutic services, including acquiring and taking any remedies and products as provided by the Clinic, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms, conditions and policies as governing your and the Clinic’s rights and obligations to each other.
Exclusion of Unenforceable Terms
Where any term, condition or policy (ie specific clause) within the terms and conditions of use and the privacy policy would by any applicable statute be illegal, void, or unenforceable in any State or Territory, then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause, if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of this agreement in those other States and Territories.
The deemed exclusion of any clause pursuant to this section/term shall not affect or modify the full enforceability and construction of the other clauses of the Clinic’s complete terms and conditions and policies.
Disclaimer
To the fullest extent permitted by Australian law, the Clinic (inclusive of this website, the social media account and the simple clinic’s website) absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose to its website, linked social media account, simple clinic booking website, all services, therapeutic treatments, products, remedies and naturopathic advice provided to you.
The Clinic (inclusive of this website, simple clinic’s website, social media account and Clinic emails) provide no warranty that the content, documents, goods or services will be free of defects or errors, or that defects will be corrected, or that our website, emails, social media posts and simple clinic’s booking site is free of viruses, or that third party manufactured goods are free from any other harmful components, or that third party testing are accurate and without error.
Whilst the Clinic, at all times endeavour to have the most accurate, reliable and up-to-date information within our practice, our reports, our services, on our website, our social media account, in our email transmissions and on our simple clinic’s website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information provided or as to their correctness, suitability, accuracy, reliability or otherwise.
It is your sole responsibility and not the responsibility of the Clinic, the website, linked in or simple clinic’s website providers to bear any costs or claims of financial loss, of servicing, repairs or correction.
If any exclusions are not permitted to be excluded under an applicable law in your state or territory, the exclusion will not apply.
Some of the above may not apply to you, but you acknowledge that it is your responsibility to ensure that you are aware of any risk that you may be taking by using this website, the social media account, the simple clinic’s website, using our services or by purchasing any products or services that may be offered through it and the Clinic.
Jurisdiction & Disputes
This agreement is subject the terms, conditions and policies outlined above in compliance to the laws of Australia and the State in which the Clinic physically operates within.
You agree that all disputes are to be resolved in the State in which the Clinic physically operates, as per the agreed terms and conditions of use.
You further agree:
to use best endeavours at all times to firstly resolve and settle all disputes and claims directly with the Clinic, having considered the limitation of liability term; and
if unsuccessful in resolving the dispute in the first option, to then resolve the dispute by means of mediation; and
that all resolved claims for loss and damage are limited to the amounts set out in the limitation of liability term; and
No litigation is agreed to be used to resolve disputes, unless permitted by Australian law.