These Terms and Conditions (Terms) govern your use of the Echuca Family Acupuncture website located at https://echucafamilyacupuncture.com.au (Site) and constitute a binding contractual agreement between you (you, your) and us,

Echuca Family Acupuncture Pty Ltd ACN 611 895 375 (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 March 2018.

About us

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 Shiatsu Massage.

Medical Disclaimer

You should not begin a treatment if you have a medical condition that precludes acupuncture or changes to nutritional or exercise habits.

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 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.

General Disclaimer

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 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. 

Cancellation policy

Appointments cancelled or rescheduled more than 24 hours prior to the appointment time are not subject to any additional charges.

Appointments cancelled or rescheduled within 24 hours of the appointment time may be charged a “short notice” cancellation fee, which will be 50% of the cost for the booked appointment type.

If we are able to fill the appointment time from our wait list, the fee will be waived.

No-shows, cancellations or rescheduling requests within 3 hours of the appointment time may be charged as “missed appointment fee” which will be 100% of the cost for the booked appointment type.

With insufficient notice we are unable to fill the appointment time from our wait list.

Echuca Family Acupuncture customers will always be made aware of the cancellation policy prior to any fees being charges.

Intellectual Property 

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.

Cancellation policy

If you need to change your appointment time, we will do our best to accommodate you. If you need to cancel an appointment, please give us 24 hours notice so that we may offer up that time to another person. Late notice may be charged a 50% fee. Not showing up at all without notice may be charged the full appointment fee. Payment PolicyAll treatments and services must be paid in full at the time of the appointment.

No payment instalments will be accepted. We accept cash and most credit cards including Visa and Mastercard.

We do not accept bank cheques from individuals or American Express.

If you fail to pay for our services on the day of your treatment, or if you leave our premises without making payment, you will be banned from the clinic (in our absolute discretion) and any future appointments will immediately be cancelled. 

Warranties

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. 

Your Indemnity

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. 

Pricing Policy

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.

Entire Agreement 

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. 

Alterations

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.

Dispute Resolution

3. Should a dispute arise between us, we strongly encourage you to contact Echuca Family Acupuncture 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.

Contact UsEchuca Family Acupuncture Pty Ltd ACN 611 895 375Email:  [email protected]