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Janine McCarthy – Ortho-Bionomy Melbourne 

Client Booking Terms & Conditions

  1. General
      1. Ortho-Bionomy Melbourne is owned, controlled and operated by Janine McCarthy (ABN 36 288 715 032), Ortho-Bionomy Melbourne, we, our and/or us). 
      2. As a condition of booking and receiving Ortho-Bionomy services from us (Services), you agree to be legally bound by the following terms and conditions (Agreement).
      3. If you do not agree to the terms of the Agreement, you should not book or receive the Services. 
  2. Our Services
      1. You agree that the Services are intended to assist you to relieve tension and discomfort in your own body using gentle and comfortable self-care techniques, and are not medical services. 
      2. We are registered Ortho-Bionomy practitioners but are not medical practitioners. Ortho-Bionomy is a manual therapy addressing musculoskeletal conditions. We cannot and do not diagnose, treat or cure any medical conditions. You should consult your medical practitioner before using our self-care techniques. 
      3. We reserve the right to refuse to provide the Services to you in our discretion.  If, after commencing the provision of the Services, it becomes obvious to us that our Services are not suitable for you, we reserve the right to cease to provide the Services to you. 
  3. Booking, Payment and Pricing
      1. The Services can be booked via our website located at www.janinemccarthy.com.au (Website), by email to janine@janinemccarthy.com.au or by SMS to 0422 226 190.  Other booking methods may also be available to you from time to time.
      2. Payment for Services is required prior to the commencement of the Services unless we otherwise agree. 
      3. You can make payment for Services via our Website or by transferring funds to our nominated bank account. Other payment methods may also be available to you from time to time. If making payment via the Website, you must possess a valid credit or debit card issued by a bank acceptable to us. We use a third party payment processor to process all payments and do not collect or store any credit or debit card details provided by you when making payments via the Website. 
      4. Pricing for our Services is specified on the Website or otherwise notified to you by us. Unless otherwise stated, all prices are in Australian Dollars and exclusive of GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) that may apply. 
      5. We reserve the right to change our pricing at our discretion and without notice. 
  4. Rescheduling and Cancellation 
      1. Where we are required to provide the Services online via video platforms or via telephone, if a suitable internet or phone connection is not able to be established, or if we deem your environment not to be appropriate to conduct a telephone or online consultation (for example, if you do not have enough room to perform certain exercises), we will offer to reschedule your appointment. If an appropriate time cannot be found, we agree to provide you with a refund. 
      2. Subject to clause 8(a) and unless we otherwise agree, no refunds are offered for change of mind or late cancellations within 24 hours of the start time of your booking. 
      3. Subject to clause 8(a) and unless we otherwise agree, you are able to reschedule bookings without charge prior to 24 hours from the start time of your booking. 
  5. Using our Services
      1. You agree not to implement our Treatment Plan or act on any advice provided by us unless you fully understand it. 
      2. You acknowledge and agree that it is your sole responsibility to ask any questions or clarify any uncertainties before implementing any Treatment Plan or acting on any advice provided by us.
      3. If you experience any pain or discomfort in connection with implementing our Treatment Plan or acting on any advice provided by us, you must immediately cease implementing the Treatment Plan and acting on our advice. If you experience any such pain or discomfort, you must contact us as soon as possible. 
      4. You agree not to provide our Treatment Plan to any other person. We assume no duty of care, and expressly disclaim all liability, in relation to any third parties. 
  6. Disclaimers
      1. You acknowledge and agree that:
        1. where you book Online Services, online consultations are not a perfect substitute for in-person consultations with us; and
        2. we cannot guarantee that our Services will cure or aid your particular complaint or condition.
      2. We recommend treatments that we believe are likely (based on our training and experience) to be effective, but we cannot guarantee results. 
  7. Consent
      1. You agree that in addition to agreeing to this Agreement, we may require you to sign an additional patient consent form. 
      2. If you are under 18 years of age and wish to use our In-person Services, you must provide us with the written consent of your parent or guardian, who must also agree to:
        1. be bound by the terms of this Agreement; 
        2. provide proper supervision in relation to the provision of information by you to us; and
        3. provide proper supervision in relation to your use of our Services, including implementation of the Treatment Plan and acting on any advice given by us. 
  8. Australian Consumer Law
      1. Our Services come with ‘consumer guarantees’ (Consumer Guarantees) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded by these Terms.  Nothing in these Terms shall override your rights as a Consumer or otherwise at law.
      2. In the event of any fault, defect or problem with any Services, the remedies available to you are as prescribed under the Australian Consumer Law and depend on the nature of the fault, defect or problem. If you believe any of the Services are faulty, defective or have a problem, please notify us immediately by email to janine@janinemccarthy.com.au and we can discuss and resolve the issue with you in accordance with our obligations under the Australian Consumer Law.
  9. Personal Information
      1. You acknowledge and agree that in providing the Services, we rely on the information that you provide to us. Accordingly, you agree to provide us with:
        1. accurate and complete information in response to any and all questions we ask of you; and
        2. any and all information which could reasonably be expected to be relevant to your condition or treatment. 
      2. We are committed to the transparent management of your personal information and agree to take all reasonable steps to protect your personal information submitted to us in accordance with our Privacy Policy. 
  10. Liability
      1. Subject always to clause 8(a) and your rights under the Australian Consumer Law, and any other laws to the fullest extent permitted by law, 
        1. your use of, and reliance on, the Services is entirely at your own risk; 
        2. Ortho-Bionomy Melbourne does not make any representations, warranties or guarantees in relation to the provision of the Services; and
        3. Ortho-Bionomy Melbourne hereby disclaims all liability in connection with any loss and/or damage arising out of or in connection with any use of, or reliance on, the Services. 
      2. Subject always to clause 8(a) and your rights under the Australian Consumer Law, and any other laws to the fullest extent permitted by law, we are not liable to you for any kind of consequential loss arising out of or in connection with your use of the Services. For the avoidance of doubt, ‘consequential loss’ means special, incidental, indirect or consequential damages, loss of revenue, anticipating savings, profits, goodwill, reputation, interest or business. 
  11. Laws

The Terms are governed by the laws of Victoria. You agree that the courts of Victoria or Federal Courts sitting in Victoria shall exclusively adjudicate over any dispute in relation to the Terms. 

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