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Terms and Conditions
Terms and Conditions of Use and Service
Holistic Pain Therapy (operated by Holger Koch, ABN 682 786 827 74, Sole Trader) (“we”, “our”, “us”) provides services and operates this website and related social media platforms. By using our website, booking a service, or participating in our programs, you agree to be bound by these Terms and Conditions. Please read them carefully.
1. General Disclaimer
Our services, website content, and materials are for general information and educational purposes only. They do not constitute medical advice and must not be relied upon as a substitute for professional healthcare. Always seek advice from a qualified healthcare provider regarding any medical condition. Participation in treatments, courses, and activities is at your own risk.
2. Professional Responsibility
You acknowledge that:
- Our services do not replace medical treatment.
- You are responsible for ensuring you are medically fit to participate.
- You must inform us of any relevant health conditions before participating.
- If you experience discomfort, illness, or injury, you should stop immediately and consult a healthcare professional.
3. Services and Payments
- Payments may be made in cash or by credit card via Square.
- By booking a service, you agree to pay all fees as communicated at the time of booking.
- When you make a booking or payment, your customer profile will be automatically created in our secure Square Directory. This profile includes your contact details and payment information necessary for managing appointments and processing transactions.
- Your profile will automatically update with future bookings or payments made with the same card.
- We do not share your personal information with third parties except as required for payment processing and compliance with legal obligations.
4. Cancellations and Refunds
- Cancellations made 48 hours or more prior to the appointment: No charge.
- Cancellations made less than 48 hours prior to the appointment: 50% of the service fee will be charged to the card on file.
- No-shows (missed appointments without notice): 100% of the service fee will be charged to the card on file.
- Late arrivals: The session may be shortened, but the full fee will still be charged.
- If the provider must cancel (e.g., illness or emergency), the appointment will be rescheduled or credited as the standard remedy. If this is not acceptable, no charge will be made.
5. Online Services
For online sessions (e.g., Zoom classes, webinars, workshops):
- We are not liable for technical issues related to your internet, devices, or software.
- Our responsibility is limited to providing you with the necessary access (e.g., links, login details).
6. Digital Content
If we provide online courses, downloads, or digital materials in the future:
- Access is granted for personal use only.
- You must not copy, share, or distribute materials without our written consent.
- No refunds are available once digital content has been accessed, except as required by Australian Consumer Law.
7. Intellectual Property
All content, including website text, graphics, images, videos, audio, course materials, and other resources, is the intellectual property of Holistic Pain Therapy or its licensors and is protected by Australian copyright law (Copyright Act 1968 (Cth)).
- You are granted a non-transferable licence to use materials only for your personal use.
- You may not copy, reproduce, republish, distribute, or exploit our materials for commercial purposes without our written consent.
8. User Content and Acceptable Use
If you submit content (e.g., reviews, comments, social media posts):
- You grant us a worldwide, royalty-free licence to use that content.
- You must not post unlawful, offensive, misleading, defamatory, or harmful material.
- We reserve the right to remove any content at our discretion.
9. Limitation of Liability
To the maximum extent permitted by law, we are not liable for:
- Any indirect, incidental, or consequential loss or damage.
- Losses due to circumstances beyond our reasonable control.
- Health issues, injuries, or conditions arising from participation in our services, except where caused by our gross negligence.
10. Force Majeure
We are not responsible for any delay, cancellation, or failure to perform due to events outside our reasonable control, including illness, natural disasters, pandemics, government restrictions, or technical failures. In such cases, we may reschedule or cancel services without liability.
11. Communications and Marketing
We may contact you by email, SMS, or other channels for appointment confirmations, reminders, or service updates. Marketing communications will only be sent with your consent, in accordance with our Privacy Policy and the Spam Act 2003 (Cth).
12. Governing Law
These Terms and Conditions are governed by the laws of New South Wales, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of New South Wales.
13. Variation
We may update these Terms and Conditions from time to time by publishing a new version on our website. Continued use of our services constitutes acceptance of the updated Terms.
14. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Holistic Pain Therapy in relation to the use of our website and services, and supersede all prior understandings.
16. Contact
For any questions regarding these Terms and Conditions, please contact us at: privacy@holisticpaintherapy.com