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THRIVE conditions of sale

Hi there!

This website, www.simonejeffriesnaturopath.com.au, is owned and operated by Simone Jeffries Naturopath Pty Ltd ABN 65 660 809 414.

If you have any questions or need further information, please contact Simone at hello@simonejeffriesnaturopath.com.au.

 

This document sets out the conditions of sale you need to be aware of when entering into an agreement with me to attend THRIVE. Please take a moment to read them, as they set out your important rights and obligations and I care about making sure we both know that we're in alignment with one another.

When you purchse my THRIVE program, use my services or purchase my products you agree that you are over the age of 18 and willing to be bound by these conditions of sale. If you don’t accept these conditions, you should not purchase from me.

If anything in this Agreement is unclear, please seek independent advice to ensure you fully understand your rights and obligations.

All products and services advertised on this website are offered in compliance with Australian Consumer Law.

Duration of services

 

THRIVE commences ? 2023 and concludes ? 2023.

 

Contracted Services

THRIVE is an 8 week Package that includes:

  • Personal one on one consultations (either online or in person)

  • Online education

  • Prescription of individually selected herbal medicine, flower essences and supplements, as apporpriate for you

 

Interpretation

 

In the interpretation of this Agreement:

  • singular includes plural and vice versa;

  • references to a person include a corporation, association, partnership, Government Authority, or any legal entity;

  • references to statutes include statutes amending, consolidating or replacing the statutes referred to and all regulations, orders in council, rules, by-laws and ordinances made under those statutes;

  • covenants by each party include an obligation to procure compliance by each of the parties’ employees and all other persons under the control of that party;

  • where a party consists of more than one person the covenants on the part the party bind each two or more persons jointly and each person severally. The release of one of the persons from an obligation does not release any other person who may be jointly liable;

  • any undertaking by a party not to do any act or thing is taken to include an undertaking not to permit or suffer the doing of the act or thing;

  • a reference to anything after the words “includes” or “including” does not limit what else might be included.

 

Expectations

 

A minimum 8 week commitment is required by you.

Every person is different, so I can't guarantee same results. I can guarantee you will learn a lot about perimneopause and how you can manage your own health as you transition to menopause.

Results will depend on your time, effort, energy and commitment. And as such you understand that this is reasonable.

I am available to you for quick question support via email for the duration of this agreement.

Communication

 

I will make every effort to respond to your emailed questions between 9am to 2pm Monday, Wednesday, Thursday and Friday (NSW, Australia time).

 

In order to maintain consistency, privacy and professionalism; all communication between us will be via email. My email address is hello@simonejeffriesnaturopath.com.au

I am not able to monitor or respond to messages from Facebook, Instagram DM's, WhatsApp, text message or voice mail to my personal mobile phone.

I am not obligated to answer or respond to phone calls, text messages, social media messages, or outside of standard business hours (9am to 2pm AEST Monday, Wednesday, Thursday, Friday).

Disclaimer for services and products

I make no guarantees and you accept that given the nature of the services I provide, the results experienced by every client will differ. You accept responsibility for any such variance.

 

Any questions or concerns must be brought to my attention so they may be resolved as quickly as possible.

 

You acknowledge your choices, decisions, actions and results between sessions are your sole responsibility.

You agree that the I am not and will not be liable for any actions or inaction, or for any direct or indirect result of any services that I provide.

My Qualifications and Responsibility

 

Bachelor of Health Science (Naturopathy), Certified Wellness Coach

It is my responsibility to keep my knowledge and skills up to date in the areas of health that I have chosen to work with. I do this by keeping up to date with my CPE, seeking mentoring and researching the latest developments in health conditions and herbal medicine.

 

Because the field of health and wellbeing contains a huge body of knowledge and information, I choose to focus on working with women over 40 years of age and in particular I am committed to learning all I can to help women with reproductive illnesses, perimenopause, menopause and the chronic diseases of ageing. It is my responsibility to refer you to another health care professional if your health condition is outside my scope of practice.

 

I will pay attention to what you tell me about your health and commit to taking all reasonable care and due diligence when providing recommendations for your health.

 

Your Responsibility

 

When working with me is it your responsibility to be honest about the scope of your health conditions, provide full and accurate information about your health, your health history, and current medications and/or supplements that you are taking.

 

If we are working together via video it is your responsibility to be in a quiet room and to give our consultation your fullest attention.

 

It is your responsibility to read the health plan that I provide and ask questions if you don't understand any of my recommendations.

 

It is your responsibility to stop taking any herbal medicines or supplements that make you feel unwell and check with me before continuing or deciding to discontinue my recommendations.

 

Because health conditions can change, any recommendations you receive from me are valid for 3 months. It is your responsibility to seek advice if you intend to follow the advice I have given for longer than a period of 3 months.

 

Important Information

 

Please be aware that I am not a qualified counsellor or therapist and I will recommend that you talk to practitioner who is qualified in this area to offer you any mental health support that you may require.

 

I recommend you tell your doctor about any herbal remedies you are taking and openly discuss the recommendations I make for you with your doctor. It is my wish that your health care with me is complimentary to that of your primary health care practitioner.

Intellectual Property

I own all Intellectual Property in designs and content in the THRIVE program.

 

The content shared during THRIVE is protected by copyright laws and treaties around the world, with all rights reserved.

 

You may not copy or reproduce any part of my content without my written consent.

 

You may store, print and display the content supplied solely for your own personal use.

 

Commercial exploitation of my content in any way that competes with my business is strictly prohibited.

 

You are welcome to share blog posts or other publicly available content through social media, but you must provide a link back to this website.

 

Content Policy

Any testimonials or promised results I may display on this website are based on my experience and those of my previous clients. They are not guarantees that anyone else will achieve the same results.

While I take all reasonable care to ensure that the information I provide is accurate, relevant and up-to-date, I make no guarantees in this regard and disclaim any legal liability for any inaccuracy, incompleteness or error. If you find something that seems problematic, it would be very helpful if you let me know.

Content downloads

 

While I take every care to ensure the downloadable content is safe, I am not responsible for viruses, other technologically harmful material or any other damage which might occur as a result of downloading material from this website. It is your responsibility to maintain adequate and up to date internet security.

 

External Links

I have no control over and I am not responsible for the content of any external sites that are linked to this website.

Confidentiality

In working together, it is extremely important that the relationship is built on trust. As such I am committed to the utmost confidentiality. All information (written or verbal) that you share with me, and vice-versa, as part of this relationship will be kept confidential unless disclosure is required by law (such as fear for your or another person’s safety or through a court order or subpoena).

 

I agree to keep details of all consultations confidential during and after the period of this agreement.


While we will do our best to maintain security and confidentiality of all information shared, we take no responsibility for the security of information shared via third party platforms such as Telehealth, Messenger, Zoom or Email.

Your consultations will never be recorded. 

You agree not to transfer or disclose the details of this agreement to any third-party.

Payments & Refunds

By agreeing to these terms you are indicating you are financially capable of investing in this consulting and service agreement and that you are in no way undertaking economic hardship to participate.

Upfront or instalment payment options are available, as outlined at ??

Payment plan or instalment payments are made via Stripe (a third party payment gateway). I do not store your credit card details.

Payments are exempt from GST.

Payments are quoted and billed in Australian Dollars.

I am not obliged to maintain delivery of services until the due fees are paid in full, or paid in full for the month. 

Failure to pay the due fees prior to the due date, will forfeit your place in the program.

All fees are due, regardless of your participation in the program or use of the materials and training provided.

A two (2) week cooling off period applies to the first payment.

Refunds do not apply after the two (2) week cooling off period.

Due to the nature of the services provided, refunds do not apply to services that have been fulfilled as outlined in this agreement.

The breakdown of this payment in the payment plan is for your convenience only. Even if you decide to leave the membership before its completion, by signing up you are committing to pay the full fee.

Pricing and service offering is valid for the term of the agreement. I am not under any obligation to maintain the same offer or pricing should you wish to extend the term of service or sign up at a later date.

No refunds will be offered for the price you signed up for if it differs from a promotional price.

Refunds do not apply to herbal medicines. Your herbal medicine is carefully blended to suit your particular health needs. Herbal medicines cannot be returned if you change your mind.

Where I use a third-party company to supply supplements and/or herbal medicines, or recommend products from an external supplier, please refer to their Terms and Conditions for particulars regarding their returns policy.

If you feel that there is any problem with my services, please let me know within 7 days. I am keen to understand what has gone wrong if you are unhappy so that I can address your concerns and try to find a mutually acceptable solution.

 

Delivery and shipping

My consultations are delivered face to face at 4A Eustace St. Manly, NSW; or via a telehealth video link. If your appointment is via telehealth, I will send you a link before the appointment.

A supplement provider, Vital.ly will deliver any supplements I have recommended for you. You will be responsible for ordering these supplements and providing your correct details to Vital.ly. Any problems with recieving your supplemetn order is to be dealt with by you directly with Vital.ly.

Herbal medicines and flower essences are provided by Jo's Herbadashery in Brookvale. The cost of postage of herbal medicine is calculated based on the size and weight of the package. All herbal medicines leave Jo's Herbadashery wrapped and padded for safe transport. The average turnaround time for posting herbal medicines is 3 to 5 days. If your parcel does not arrive within the expected time frame, it is your responsbility to contact Jo's Herbadashey for the tracking number.

 

I am not responsible for loss or damage during delivery. In case of loss or damage please contact Australia Post.

Late & Additional Fees

You are responsible to ensure payments are made on time. Please note that a 3 day grace period is allowed, at which point a second attempt will be made. I reserve the right to withhold service until such time as the due fees are paid in full.

If your account is beyond 14 days overdue your access to consultations and course materials will be cancelled until payment is received.

If your account is beyond 30-days overdue and services have been delivered, I reserve the right to turn the account to collections, at which time this agreement will be terminated and you will not have access to the course content.

Additional consultations or service requests will incur fees. Any additional fees that may apply will be in writing prior to commencement and will require agreement to changes in writing via email.

 

Cancellation & Termination

 

Either party can terminate this agreement at any time.

Termination from either party must be completed in writing via email.

In the event of cancellation, all consultations and course access will be revoked.

Outside of the ‘cooling off period’ all outstanding prospective monthly fees must be paid by you in full within 30 days of cancellation.

Changes to appointments

I understand that it is sometimes necessary to change your appointment. You may cancel or reschedule your appointment at any time up to 48 hours before your consultation.

Additional cancellation and rescheduling fees may apply outside of the 48 hour (2 business day) timeframe.

If you reschedule to avoid a cancellation fee and then cancel the rescheduled appointment, a cancellation fee will still apply to the first cancellation.

Warranty & Indemnification 

 

The contracted services will at all times be carried out:

  • diligently;

  • with proper care and skill; and

  • in accordance with the terms of this agreement;

You indemnify Simone Jeffries against all claims for any kind of legal relief whatsoever arising in any way out of or in connection with:

  • the carrying out of, or failure to carry out the contracted services; or 

  • any breach of this agreement.

The indemnity does not apply to the extent that any claim is caused by the negligence or a breach of this agreement by myself.

Jurisdiction and dispute Resolution

If you have any concerns, issues or complaint arising out of your use of this package, my products or services, or these terms and conditions, you agree to communicate with me with the intention of making a genuine effort to seek a win/win solution, and trying to resolve the dispute through negotiation and discussion.

If we are unable to resolve a dispute by negotiation and discussion, you may access the complaints procedure offered by the Australian Natural Therapists Association.

 

We both agree that we shall not publicly or privately disparage each other or anyone connected with the other’s business, but rather shall act in good faith to refrain from any conduct or communication which might reasonably be expected to negatively interfere with the business and/or personal interests of each other.

 

This agreement is subject to the governing law of New South Wales. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of New South Wales, and the Commonwealth of Australia, will have exclusive jurisdiction.

Limitation of Liability

Liability for the services provided by Simone Jeffries is governed solely by Australian Consumer Law and this agreement. Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law.

Except for your Statutory Rights, all materials and services is provided to you without warranties of any kind, either express or implied.
To the extent permitted by law, Simone Jeffries
 excludes all express or implied representations, conditions, guarantees, warranties and terms relating to any services except those set out in this Agreement, including but not limited to implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in this agreement.

Simone Jeffries guarantees all services and advice are supplied to the Client with due care and skill.

Waiver

No failure or delay on the part of a party to exercise any right power or remedy operates as a waiver nor does any single or partial exercise of any such right power or remedy preclude any other further exercise of them or the exercise of any other further exercise of them or the exercise of any other right power or remedy.

While I make all reasonable efforts to ensure that my services meet with the highest standards of best practice, if something does go wrong that is not a direct result of my negligence, misrepresentation or deliberate fault, you agree that, to the fullest extent permitted by law, I will not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of my website, any products or services purchased through it, or any material posted on it, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

 

Acceptance

By checking the “Accept Terms & Conditions” check box at the online checkout, you confirm you have read, understand, accept and will abide by these Terms & Conditions.

Should you have any concerns or questions about these Terms & Conditions, please contact hello@simonejeffriesnaturopath.com.au

 

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