Terms of service

OVERVIEW
This website is operated by Aroha Health Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Aroha Health Pty Ltd. Aroha Health Pty Ltd 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 visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms 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 of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

YOUR RESPONSIBILITIES:

As a customer or client, your responsibilities are as follows: 

  • Review the cancellation and rescheduling policy for all consultations
  • Be on time for appointments
  • Be respectful towards all employees, practitioners and guests at all times
  • Ensure your intake information is complete, correct and up to date
  • Advise us of change of circumstances and all relevant informmation regarding allergies, intolerances, medications, supplements, pregnancy, trying to conceive or breastfeeding status.

You agree that if you violate these terms or if any liabilities arise due to your use of our products and services, you will cover the associated costs and expenses, including reasonable legal fees if necessary. Additionally, we are not responsible for any inaccuracies or incompleteness of information on our website or elsewhere; any breaches of these terms by you; misuse of the products or services; or violations of applicable laws.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - 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.

PRODUCTS

  • Ordering: You may place orders for our products through our website or directly at our clinic.

  • Access to Practitioner-Only Products: To purchase certain practitioner-only items and herbal medicines, a consultation with one of our practitioners is necessary prior to your purchase.

  • Delivery Information: The products you order will be shipped to the address you provide at the time of your order.

  • Delivery Timelines: Please note that delivery dates are estimates based on third-party shipping services. While we strive to meet these timelines, we cannot be held responsible for any loss or damage incurred due to delays in delivery.

  • Product Recalls: Should a product be recalled, we will issue a replacement product or provide a full refund as soon as possible. Although such instances are rare, we will contact you promptly to discontinue use of the affected product.

 

WARRANTIES

Reporting Product Issues:
If you encounter any issues with your order (such as shortages, damage, or incorrect items), please notify us within seven (7) days of delivery. You can reach out to us using the contact details provided in the Schedule. When contacting us, kindly include (i) proof of purchase; (ii) a detailed description of the issue; and any other relevant information we may request. If a return is necessary, the cost of transportation and insurance for the products will be your responsibility.

For Third-Party Purchases:
If you purchased products from a third party, please direct any inquiries or issues to that entity.

Your Statutory Rights:
Apart from what is stated in this section, we do not provide any express warranties or representations. This does not limit any rights you may have under consumer protection laws. Any limitations or exclusions apply only to the extent permitted by law.

Delivery and Risk:
Delivery of products to a carrier is considered delivery to you. The risk associated with the products transfers to you as soon as we deliver them to the carrier.

Refunds:
We will only process refunds for orders we cannot fulfill, if we deem it reasonable, or as otherwise agreed upon in writing. Please be cautious with your selections, as we do not offer refunds for change of mind.

Warranty Period:
Subject to clauses regarding statutory rights and guarantees, we warrant that our services will be free from defects in materials and workmanship under normal use and that our products will be free from defects until the expiration date or best before date stated on the product, if applicable.

Allergy and Reaction Disclaimer:
Some of our products may contain ingredients derived from nuts or other allergens (such as gluten, dairy, etc.). Certain herbs or ingredients may not be suitable for specific health conditions, including pregnancy. It is your responsibility to review the ingredient list prior to purchase and contact us with any questions regarding the suitability of a product. Should you experience any adverse reactions to a product, discontinue use immediately and inform us. You agree that we are not liable for allergic or adverse reactions, and we do not provide exchanges or refunds based on such reactions.

Limitation of Liability:
If our products or services fail to meet the warranties outlined in this section, and a warranty claim is made within the warranty period, our liability will be limited at our discretion to:
(a) replacing the goods or supplying equivalent goods; or
(b) re-supplying the services or covering the costs associated with re-supplying the services.

Return Policy Exceptions:
With respect to the returns policy, and except as required by law, we will not accept returns for goods that:
(i) have not been stored or used properly;
(ii) have been modified in any way;
(iii) are not in their original condition or packaging;
(iv) have not followed any provided instructions or guidelines;
(v) have been used after a defect was apparent or should have been apparent to a reasonable user; or
(vi) are affected by accidents or force majeure events.

Product Descriptions:
Descriptions of products are solely for identification purposes and do not constitute a warranty.

No Guarantees on Outcomes:
Health and wellness results can vary significantly based on individual health circumstances, environment, and other factors. Consequently, we do not make any promises or warranties regarding specific results or outcomes (such as curing a disease or alleviating a condition) related to the use of our products and services or adherence to our advice.

Consequential Loss:
We are not liable for any consequential losses incurred by any individual.

 

 CONSULTS

  • Scheduling a Consultation: You can book a consultation with our practitioners by calling, emailing, or using our website and social media channels. Consultations can be conducted via phone, Zoom, or any mutually agreed-upon method.

  • Cancellation Policy: We understand that circumstances can change. If you need to cancel or reschedule your consultation, please note that cancelling within the specified notice period or failing to attend will incur a charge equivalent to 100% of the consultation fee.

  • Cancellations by Us: In the event that we cannot attend a scheduled consultation, we will inform you in writing and issue a refund for any fees you have already paid. We are not liable for any losses or damages resulting from this cancellation.

  • Refunds for Cancellations: We value your consideration of our time and will reciprocate that respect. If you cancel with the appropriate notice period, we will fully refund any fees paid in advance for your consultation.



SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
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.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service



SECTION 5 - ACCURACY OF BILLING AND 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.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 6 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 7 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) 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, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms 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 libelous 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.

SECTION 9 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 10 - 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.

SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms 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.

SECTION 12 - 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 Aroha Health by Jo Spies, 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 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Aroha Health by Jo Spies 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 - SEVERABILITY
In the event that any provision of these Terms 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - 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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms 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 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 16 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms 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 of Service shall not be construed against the drafting party.

SECTION 17 - GOVERNING LAW
These Terms 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 18 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms 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 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 of Service constitutes acceptance of those changes.

SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@arohahealth.com.au.
Our contact information is posted below:
Aroha Health Pty Ltd 
hello@arohahealth.com.au
103A Kate Street, Woody Point QLD 
0424 297 808
50 662 037 738