Terms & Conditions

Janine McCarthy – Ortho-Bionomy Melbourne Website and Online Store

  1. General
      1. Ortho-Bionomy Melbourne (ABN 36 288 715 032) (we, our, and/or us) operates a business providing Ortho-Bionomy and other similar or related services (Services), and digital self-study materials (Products). Our website is located at www.janinemccarthy.com.au (Website).   
      2. As a condition of using and/or purchasing from the Website, you agree to be legally bound by the following terms and conditions (Terms) and our Privacy Policy (Privacy Policy).
      3. If you do not agree to the Terms and the Privacy Policy, you should immediately cease using the Website. 
      4. Ortho-Bionomy Melbourne has the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use and/or purchase from the Website you agree to be governed by the Terms as varied from time to time. 
      5. 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. 
  2. Ordering Products via the Online Store 
      1. By placing an order for digital self-study materials (which materials are currently available as downloadable PDFs and which may be made available as video and/or audio content in future) via the Website (Products), you are offering to purchase the Products on, and subject to, the Terms. 
      2. You will only be able to purchase Products via the Website if you are 18 years or over and subject to your agreeing to these Terms, and specifically clause 4 below.
      3. To purchase Products 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 purchases via the Website. 
      4. Product prices are specified on the Website. Unless otherwise stated, all prices are in Australian Dollars and exclusive of any 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 Product pricing at our discretion and without notice. 
      6. Once we receive your payment for a Product via the Website, we will make the Product available to you via download links sent to your nominated email address.
  3. Product Disclaimers 
      1. Our Products are not intended to be medical products.
      2. The Products sold via the Website may not be suitable to your particular circumstances. You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through the Products. 
      3. You should always speak with your doctor or other healthcare professional before adopting any treatment for a health problem or before adopting any new healthcare regime or using any of our Products. 
      4. If you have, or suspect that you have, a medical problem, or if you have a pre-existing medical condition or are pregnant or breast-feeding, you should contact your health care provider before using our Products. 
      5. If at any time you notice any unanticipated changes to health (physical, mental or emotional), you should seek medical attention immediately. 
  4. Booking Services 
      1. We currently offer 1 on 1 consultations and coaching calls online via video platforms such as Zoom and may offer group consultations and coaching calls in future (Online Services).  You will only be able to book Online Services if you are 18 years or over and agree to the Terms.
      2. We also offer ‘in-person’ consultations (In-Person Services) at our private practice (Practice).  In-Person Services are available to people of all ages, provided legal guardians of children will be responsible for booking appointments and making payments.  
      3. Our Client Booking Terms and Conditions apply to you if you make a booking and/or attend any Online Services or In-Person Services.
  5. Relying on Website Information 
      1. All information displayed on the Website and in the Products (Website Information) is for informational purposes only.  The Website Information is not intended to or meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee particular outcomes or results. 
      2. The Website Information is not offered or intended as a substitute for the advice provided by your doctor or other medical professional. 
      3. You agree that you will never disregard, avoid or delay obtaining medical advice from your doctor other qualified health care provider because of something you have read on the Website.
      4. Before relying on any Website Information, you should carefully evaluate the accuracy, completeness and relevance of the information to your particular purposes and health, and consider the need to obtain appropriate expert advice tailored for your circumstances. 
  6. Liability
      1. Subject always to clause 7(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, this Website (including your use of, or reliance on information, goods and/or services offered via the Website such as the Products) is entirely at your own risk; 
        2. Ortho-Bionomy Melbourne does not make any representations, warranties or guarantees in relation to the supply of information, goods and/or services via the Website (including the Products that can be purchased via the Website); 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 Website (including your use of, or reliance on information, goods and/or services offered via the Website such as the Products). 
      2. Subject always to clause 7 and in addition to clause 6(a), we are not liable to you for any kind of consequential loss arising out of or in connection with your use of the Website. 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. 
  7. Australian Consumer Law and Refund Policy
      1. Our goods and 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. Your rights to a refund or replacement (if applicable) are prescribed under the Consumer Guarantees under the Australia Consumer Law. 
      3. Due to the nature of the Products and subject always to clause 7(a), unless we expressly agree otherwise, we do not accept returns and provide refunds due to ‘change of mind’ for Products after your payment is received and download links have been provided to you.
      4. In the event of any fault, defect or problem with any Products or Services that you have purchased through the Website, 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 Products or Services you have purchased on or through the Website 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.
  8. Personal Information
      1. We are committed to the transparent management of your personal information. 
      2. We agree to take all reasonable steps to protect your personal information submitted to us via the Website and generally in accordance with our Privacy Policy. 
  9. Third Party Links

The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the products and services provided thereon. You agree that we are not responsibility for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party websites, or that third party websites will be virus free. 

  1. Intellectual Property
      1. The stylised ‘Ortho-Bionomy’ logo is a trade mark of Ortho-Bionomy Australia Ltd and is used by us with permission under licence. Other product and brand or business names displayed on the Website may also be trade marks of their respective owners. 
      2. We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website (Content).
      3. You may download, view, copy and print any Content for your personal, informational and non-commercial purposes only. All other uses are strictly prohibited and you must obtain our prior written permission if you would like to use, copy, repost, store, sell, upload, distribute or reproduce any part of the Website or Content for any other purpose. 
  2. Laws

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