Terms & Conditions

• We and our Personnel are not medical practitioners and do not give medical advice, treatment or diagnoses. You acknowledge and agree that nothing in the Services we provide may be taken to be medical advice, treatment or a diagnosis by us or our representatives, nor are they intended to be a substitute for consulting a medical practitioner. If you have any health or medical issues or concerns you agree to speak with a medical professional prior to receiving the Services from us.

• We make no representation or warranty, express or implied, in relation to the assessment of your suitability for the Services and you waive and release us from any such Liability, arising from your reliance on our Patient Consent pre-assessment form. Suitability assessment should be made by your regular health professional.

• Nothing in these terms limit your rights under the Australian Consumer Law. Our maximum aggregate Liability in relation to the performance of the Services or these Terms will be limited to us resupplying the Services to you or, in our sole discretion, to us repaying you the amount of the Fees paid by you to us in respect of the relevant performance of the Services to which the Liability relates.

• We offer no refund of Fees for change of mind or inability to receive the Services.

• If we terminate these Terms under clause 13.5 because you breach and fail to rectify a material term of these Terms (including if you consistently fail to attend appointments), any amounts you have paid for Services are non-refundable (including any Package Fees for Services not yet received.

• These Terms constitute a “standing offer” under which, during the Period, at your request, we may provide you Services.

• If you require Services from us, you must make a booking for an appointment for the Services through our Website, via telephone, in person or by any other process which we may advise to you, from time to time (Booking).

• If you make a Booking, you must:

  • pay us in advance for the Services in accordance with these Terms; and

  • complete a Client Consent form.

• If you fail to complete a Client Consent form you will be unable to make a Booking and you will be deemed to have terminated these Terms as set out in clause 13 and we will not be obliged to provide you with the Services.

• When accepting these Terms and/or making a Booking you are providing your treatment consent to us and our Personnel. This means that you grant us permission and consent to perform the Services on you. There may be some adverse risks and side effects with the Services. You may withdraw your consent at any time by contacting us (whether orally, in writing, via email or via our Website).

• We may, in our absolute discretion, accept or reject a Booking.

• If we agree to provide the Services to you, the Services will be provided for the Fee in accordance with these Terms and all applicable laws, whether through ourselves or our Personnel.

• If we accept a Booking and make available an appointment time to provide the Services to you, you agree that such time is an estimate only, and creates no obligation on us to provide the Services by that time. We will use reasonable endeavours to satisfy any timeframes represented to you. Appointment times may run late due to circumstances beyond our reasonable control. Appointment times may need to be changed by us due to unforeseen circumstances such as sick Personnel. We will have no Liability for delays or time changes or cancellation of an appointment by us.

Reminders: If you provide us with your mobile number, you consent to us sending you a SMS notification at least 48 hours in advance of an appointment time. You may withdraw your consent at any time. If you do not consent to us using your mobile phone number for SMS appointment notification or do not provide one, we will contact you using the contact details you have provided to us. It is your responsibility to ensure your mobile number is correct and that you can attend appointment times. Late cancellations, no shows and tardiness will be charged and managed as set out in this clause 5.

Confirmation: We will send you a text or email 48 hours prior to your appointment. If you do not confirm your appointment 24 hours prior to the time of your appointment then we, at our absolute discretion, may cancel your appointment and you will not be entitled to a refund of any amounts you have paid for the Services.

No refunds: We offer no refund of Fees for change of mind or inability to receive the Services. In our sole and absolute discretion, we may refund the Fee for Services you have not yet received if:

• you advise us 2 weeks prior to the time of your appointment that you do not wish to proceed with the Services; and

• it is due to you discovering a health condition preventing you from receiving the Services and you advise us regarding the details of this health condition.

Our cancellation: You may cancel your appointment by texting, emailing or calling us, identifying your appointment and requesting cancellation of your appointment. Your appointment will not be cancelled until we provide confirmation of the cancellation of your appointment in writing. Where you cancel your appointment:

• more than 4 hours before the time of your appointment, the Fee paid for the appointment will be used as credit towards your next appointment to be rescheduled between the Parties; and

• less than 4 hours before the time of your appointment, you will not be entitled to a refund for the Fee and the appointment will be forfeited.

Genuine pre-estimate of our loss: You agree the above cancellation fees are a genuine pre-estimate of our loss due to blocking your appointment date and time and preventing other clients from booking that appointment date and time.

• Package substitution of services: If you have purchased a Package and you do not want to proceed with the Services the subject of the Package, you can request to substitute the specific Services for another service that we offer. If the new service is higher than the original Fee you paid, you will be required to pay the difference in the Fee between the original Service and the new service.

Lateness: Our time is valuable. When you make a Booking for an appointment, that space is no longer available on our calendar for other clients:

• If you are up to 15 minutes late for your appointment, you will be charged the full appointment fee, and you will be entitled to your remaining appointment time, however your appointment will not be extended, so as to not inconvenience our staff and other clients; and

• If you are 15 minutes or more late for your appointment, you will be deemed to be a no-show under clause 5.8.

No show: A no show is when you miss an appointment without cancelling or if you are 15 minutes or more late for your appointment. For no show cases, the full Fee amount for the relevant Service is forfeited.

Pause: If you have purchased a Package and become pregnant or have a medical or health issue that prevents you from receiving the Services, you must provide us with written notice prior to the start of your next appointment that you wish to pause the Package (Pause), and you must notify us of how many weeks you wish to Pause the Package. The Pause will be in effect until you provide us with written notice that you wish to continue with the Package and [has no expiry date / has an expiry date of 24 months from the time of the Pause].

Our cancellation: Due to unforeseen circumstances such as illness or a pandemic or government enforced lockdowns or shutdowns, you acknowledge that we may need to reschedule the date of your appointment. Where we need to reschedule an appointment, we will notify you at our earliest convenience and we will reschedule at a time to be agreed between the Parties.

Our right to terminate: We reserve the right to terminate an appointment at any time where you have disclosed medical or health information to us which we determine, in our sole discretion, we are unable to safely provide the Services to you. In such cases, we will cancel the appointment and we will reschedule the appointment with you, at our absolute discretion, provided that either:

• the medical or health information you provided to us is no longer relevant and will no longer impact our ability to provide the Services; or

• you have obtained a written medical clearance from your doctor and have provided it to us.

If we are not able to reschedule the appointment as per the requirements in this clause 5.11, we will provide a refund of the portion of the Fees in relation to the Services that we have not yet provided.

• From time to time we run marketing campaigns and/or promotions through our Website, social media platforms and radio.

• If we run a promotion, the terms of the promotion will be available on our Website. A promotion offer cannot be used in conjunction with any other offer, is non transferrable, is available for a single use and is only available for the limited period of time indicated in the offer. If you seek to rely on an offer or enter a promotion or competition offer, you will be bound by the rules of that offer.

• We may use your personal information to provide you with marketing material, promotions and communications about our Services and promotional offers. We will comply with our Privacy Policy in respect thereof.

• If we receive personal information from you pursuant to an offer we will comply with our Privacy Policy in respect of that information.

• You may opt out of receiving promotional materials from us at any time by contacting us (whether orally, in writing, via email or via our Website).

• You agree that we may advertise or publicise the broad nature of our provision of the Services to you, including on our Website or in our promotional material.

• We collect and handle your personal information when you use our Services, make an enquiry with us, access our website or online content, contact us via phone or via our website, use our online booking system and/or apply for a role with us (Privacy Collection Notice).

  We collect personal information from you so that we can provide our Services to you, answer any enquires you submit to us, deliver our Website to you and for the purposes otherwise set out in our Privacy Policy, available at: http://www.luminescience.com.au/privacy.

  We collect personal information from you and from third parties, including our online booking and practice management provider SquareSpace Australia Pty Ltd ABN 80 652 770 226 so that we can provide you with our Services, and for related purposes set out in our Privacy Policy.

  We may disclose this personal information to third parties, including our employees, contractors and related entities, third party service providers that provide their services to us (including IT service providers, marketing and advertising providers and Website analytics suppliers and our booking and practice management provider SquareSpace Australia Pty Ltd), if we are required to disclose personal information by law and as otherwise set out in our Privacy Policy.

  While we store personal information in Australia, where we disclose your personal information to third parties listed in our Privacy Policy, these third parties may store, transfer or access personal information outside of Australia.

  If you do not provide your personal information to us, it may affect our ability to provide our Services to you and your use of our Services and we may not be able to provide our Services to you.

• Our Privacy Policy describes further how we collect, store, use and disclose your personal information. It also describes how you can access and correct your personal information, how you can make a privacy-related complaint and our complaint-handling process. Please let us know if you have any questions regarding our Privacy Policy.

• By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

You represent, warrant, acknowledge and agree that:

• you have the legal capacity to enter into these legally binding Terms;

• you are 18 years old;

• you have not relied on any promises or warranties made by us in relation to the Services (including as to whether the Services are or will be suitable for your particular purposes or will achieve any desired results), unless expressly stated in these Terms;

• you will disclose to us all medical and health information (including any health conditions listed in our Client Consent form);

• you will complete the Patient Consent form that we provide to you as soon as possible;

• you will update us with any new or changing medical conditions while we are providing the Services;

• you will cooperate with and will comply with our reasonable instructions in relation to the use of the Services, and in a timely manner;

• you will give us all information and access necessary to enable us to provide the Services, as requested by us, and in a timely manner;

• you will promptly respond to any text messages or emails we send out to confirm your next appointment, and confirm the appointment by no later than [36 hours] prior to the appointment; and

• the information you provide to us is true, correct and complete.

Term

• These Terms will commence on the Start Date and will continue until the Services have been provided to you, unless earlier terminated in accordance with this clause 13 (Term).

Expiry of a Package

• If you purchase a Package, it will expire 12 months after the date of purchase of the Package. You cannot transfer Packages to another person.

• If you have purchased a Package and become pregnant or have a medical or health issue that prevents you from receiving the Services, you must provide us with written notice prior to the start of your next appointment that you wish to pause the Package (Pause), and you must notify us of how many weeks you wish to Pause the Package. The Pause will be in effect until you provide us with written notice that you wish to continue with the Package and [has no expiry date / has an expiry date of 24 months from the time of the Pause].

Termination

• We may terminate these Terms immediately, at our sole discretion, if:

  • you fail to provide accurate or complete medical history; and

  • we consider it to be unsafe to provide the Services to you.

On termination by us under this clause 13.4 we will provide a refund of the portion of the Fees in relation to the Services that we have not yet provided.

• We may terminate these Terms if you breach a material term of these Terms (including if you fail to pay the Fee or consistently fail to attend appointments), and we notify you of the breach and the steps required to remedy the breach and that breach has not been remedied within 5 Business Days of notification. On termination under this clause 13.5 or expiry of these Terms, and without limiting our rights under these Terms or at law, you agree:

  • that to the extent permitted by law, any amounts you have paid for Services are non-refundable (including any Package Fees for Services not yet received); and

  • to pay us all amounts due and payable to us under these Terms (including for all Services provided by us) up to the date of termination, as a debt immediately due and payable

• You may terminate these Terms if we breach a material term of these Terms, and that breach has not been remedied within 5 Business Days of you notifying us of the breach in writing and the steps required to remedy the breach. On termination under this clause 13.5, and without limiting our rights under these Terms or at law, you agree that to the extent permitted by law, any amounts you have paid for Services that you have received are non-refundable.

• The accrued rights, obligations and remedies of the Parties are not affected by termination of these Terms.

• This clause 13 will survive the termination or expiry of these Terms.

• As between the Parties, all Intellectual Property Rights developed, adapted, modified or created by or on behalf of us or our Personnel (including in connection with these Terms, the performance of the Services and/or developed by us or our Personnel independently of these Terms), will at all times vest, or remain vested, in us. Nothing in these Terms constitutes a transfer or assignment of any of our Intellectual Property Rights unless expressly stated.

• You grant us a non-exclusive, revocable, worldwide, non-sublicensable and non-transferable right and licence, for the duration of these Terms, to use your Intellectual Property for the performance of our obligations under these Terms.

• This clause 15 will survive the termination or expiry of these Terms.

• Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Website and notifying you via our Booking platform. For any Booking that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you made the Booking.

• Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. To the maximum extent permitted by law, you release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

• Disputes: If a dispute arises, the Parties will agree to meet in good faith to seek to resolve the issue, before proceeding to any dispute resolution process. This will not prevent a Party from seeking urgent equitable relief.

• Entire Terms: These Terms together with the Patient Consent form contains the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and Terms, in respect of its subject matter.

• Feedback: Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us.

• Force majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control, including a Force Majeure Event, whether known or unknown at the Start Date.

• Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

• GST: If and when applicable, GST payable on the Fees will be set out in our invoice. You agree to pay the GST amount at the same time as you pay the Fees.

• Notices: Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

• Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms is valid and enforceable.

• Relationship of Parties: These Terms are not intended to create a doctor - patient relationship between the Parties.

• Survival: Each clause, which by its nature survives termination, will survive the termination or expiry of these Terms.