Terms and Conditions

Effective Date: 8 October 2023

Welcome to www.katerosswellness.com.au (Site).

This Site is owned and operated by Kate Ross (ABN 81204415946) t/a Kate Ross Wellness (collectively and individually referred to as “we”, “our”, or “us”). Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you via this Site and our social media channels (“Terms”). These Terms together with our Privacy Policy apply to all Site visitors, subscribers, customers, and all other users of the Site (“user”, “you” and “your”).

We would appreciate if you would take some time to read the conditions set out below as they apply to your use and enjoyment of our Site.

INFORMATION REGARDING YOUR APPOINTMENT

Cancellation Policy

Your health and well-being are important to us. We understand that you may need to cancel or reschedule appointments due to unavoidable events. We ask that you understand that we are a small business with limited appointment times available. If necessary, we respectfully request that you cancel/reschedule your consultation at least 24 hours prior to your scheduled appointment (preferably more than 48 hours before).

A non-refundable 50% deposit (amount dependent on your appointment type; see Book Your Session) is required at the time of your booking. That is, should you cancel your appointment less than 24 hours before your session time, you will forfeit your deposit. Forfeiting the deposit is required to partly cover the cost of the missed appointment to our business. We appreciate your understanding.

Please arrive on time to your appointment. If you are more than 10 minutes late to your appointment, we may not be able to commence your session due to back-to-back client bookings. In this case, the same cancellation fee will apply. If you do not show up for your appointment at all, the same cancellation fee will also apply.

By proceeding with your booking, you agree to our cancellation policy.

Appointment Fees

Please see Book Your Session for our most recent fee structure.

We aim to give clients as much notice as possible when there are changes to our fees or our fee structure, however, due to the nature of business, our costs may rise unexpectedly. Clients will be informed of fee changes via email, social media (Instagram, Facebook) or this Site.

We do not currently offer payment plans.

Payment Terms for Kinesiology & Spinal Flow Initial Consultation

You will be required to pay a non-refundable 50% deposit (amount dependent on your appointment type - see Book Your Session) to secure your appointment. The remainder of your appointment cost is to be paid at the time of your session. Payments can be made with card using the Square Reader onsite. You are also able to pay 100% of your consultation fee at the time of your booking, if you choose to do so.

Appointment refusal

We are within our right to refuse or not proceed with an appointment if:

  • You are intoxicated with alcohol or under the influence of drugs

  • We deem it important that you seek medical attention first or it is unsafe for you in anyway

  • We decide that your area of concern is outside our scope

  • You did not arrive on your own free will

  • You are under the age of 18 and are not accompanied by a parent or guardian

  • We do not get permission from the muscle monitoring to commence the session

Consent

When clients are unable to give informed consent, due to age, medical condition, psychological state etc., consent will be obtained by a legal guardian.

Minors (16 years and under) must be accompanied for a session by a parent or guardian, or written permission for such treatment treatment must be obtained by a parent or guardian.

CONSENT TO SITE TERMS

By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.

CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services. If at any time you choose not to accept these Terms, you should not use this Site.

By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also may accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

INTELLECTUAL PROPERTY

The Site, products and services contain intellectual property owned by us and / or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the services or the content.

NO COMMERCIAL USE

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms.

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.

PRIVACY

These Terms also include our Privacy Policy which sets out how we use your personal information. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. You further acknowledge and agree that when you click on “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as your mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

INFORMATION AND ADVICE

Our Site may have articles and content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances. The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional.

By referencing any products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the products or services.

PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances use 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, or state regulations, rules, laws, or local ordinances and (d) attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site; (e) hack into any aspect of the Service; corrupt data; cause annoyance to other users; (f) infringe upon the rights of any other person's proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

WARRANTIES AND DISCLAIMERS

This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and / or the products or services including that:

  • they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;

  • access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or

  • there is no possibility of failure to store communications or other data.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and /or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

BREACH AND TERMINATION

The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

CEASING OUR WEBSITE

We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

GOVERNING LAW AND JURISDICTION

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Western Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Western Australia. Please refer to the National Code of Conduct for Health Care Workers (WA) here: https://www.health.wa.gov.au

See our Privacy Policy here: Privacy Policy