1. About the Website

1. Welcome to www.merakitcm.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various physical products, Eproducts as well as services that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

2. The Website is operated by Casey Dorman t/a Meraki Holistic Health (abn: 46 269 079 931) (‘Meraki Holistic Health’). Access to and use of the Website, or any of its associated Products or Services, is provided by Meraki Holistic Health. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

3. Meraki Holistic Health reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Meraki Holistic Health updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

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2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Meraki Holistic Health in the user interface.

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3. Purchase of Products and Returns Policy

1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

2. Payment of the Purchase Price may be made through PayPal (the 'Payment Gateway Providers') or Cliniko (‘the Booking System’).

3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers and the Booking System.

4. Following payment of the Purchase Price being confirmed by Meraki Holistic Health, you will be issued with a receipt to confirm that the payment has been received and Meraki Holistic Health may record your purchase details for future use.

5. Meraki Holistic Health does not provide refunds for Physical Products or Eproducts. Please keep this in mind when making a purchase

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1. Shipping and Delivery

   1. You acknowledge that the Purchase Services offered by Meraki Holistic Health integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').

   2. In providing the Purchase Services, Meraki Holistic Health may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Meraki Holistic Health is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

   3. In the event that an item is lost or damaged in the course of the Delivery Services, Meraki Holistic Health asks that you:

      1. contact the Delivery Service Provider directly to request a refund; and

      2. contact us by sending an email to info@merakitcm.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

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1. Bookings and Cancellations (In Person and Online Appointments)

   1. In Person and Online Appointments

   2. Meraki Holistic Health requires all bookings for online consults to be paid for in advance via the Booking System. Other bookings (in person consults and other face to face services) made via the Booking System are paid for on the day of the appointment.

   3. Meraki Holistic Health understands that circumstances change. Should appointment times require changing, a minimum of 24 hours is required or you will be expected to forfeit 50% of the Fee to cover the cost of the space and time.

   4. You must notify Meraki Holistic Health of an intention to cancel or reschedule as soon as practicable through e-mail to info@merakitcm.com or telephone at 0422 044 047 and abide by the following (‘Cancellation Policy’).

   5. We kindly ask that you arrive on time as Meraki Holistic Health cannot alter booking times on short notice. This may result in your appointment being cut short.

   6. Meraki Holistic Health may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.

 

1. Online Courses

2. You must notify Meraki Holistic Health of an intention to cancel your involvement in the course as soon as practicable through e-mail to info@merkitcm.com and abide by the following (‘Cancellation Policy’).

3. If you have purchased a course and wish to terminate your involvement early, the full course Fee is non-refundable.

4. Meraki Holistic Health may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.

5. Meraki Holistic Health will only be required to provide you with a refund of the Fees in the event that Meraki Holistic Health is unable to continue to provide the courses (the 'Refund').

   1. Event Tickets

6. If an event is cancelled or rescheduled before the scheduled start date and time, for any reason whatsoever, refunds or partial refunds may be issued. Meraki Holistic Health will communicate with ticket holders directly.

7. Meraki Holistic Health will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of an event.

8. With the exception of 5.3.a. above, ticket purchase fees are not refundable in any other circumstances.

9. Tickets may be transferred to another individual. To do this you must advise Meraki Holistic Health of the transfer in writing by email to info@merkitcm.com.

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6. Warranty

6.1. Physical Products

1. Meraki Holistic Health’ Physical Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Physical Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Physical Products repaired or replaced if the Physical Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').

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6.2. Services/Eproducts

(a)Meraki Holistic Health will use its best efforts and take all reasonable steps to help You achieve the desired results. However, Meraki Holistic Health makes no warranty that the Services or Eproducts will meet Your requirements or that all clients will achieve the same results.

(b)The Services and Eproducts do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service or Eproduct, You are entitled to cancel Your Service contract with Meraki Holistic Health, and are entitled to a refund for the unused portion, or to compensation for its reduced value.

 

7. Code of Conduct

1. In providing the Services, Meraki Holistic Health will maintain Chinese Medicine and acupuncture standards established by the Australian Health Practitioner Regulation Agency.

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8. Copyright and Intellectual Property

1. The Website, the Purchase Services and all of the related products of Meraki Holistic Health are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Meraki Holistic Health or its contributors.

2. Meraki Holistic Health retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

   1. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Meraki Holistic Health; or

   2. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

   3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

3. You may not, without the prior written permission of Meraki Holistic Health and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

 

9. Privacy

Meraki Holistic Health takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Meraki Holistic Health’ Privacy Policy accessible on the Website.

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10. Mailing List

While using the Website, you will be given the opportunity to sign up for the Meraki Holistic Health Mailing List. If you choose to sign up for this service you agree to receive promotional materials, updates and other content from Meraki Holistic Health via e-mail.

1. You can opt out at any time by following the unsubscribe process contained in the e-mail or e-mailing info@merakitcm.com.

2. Information Disclaimer

   1. The information contained on this Website and within all associated Products is for general information purposes only and is not meant to substitute professional treatment. You agree to consult a medical practitioner prior to following any advice or utilizing information or Products offered by Meraki Holistic Health.

   2. To the extent permissible by law, Meraki Holistic Health will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or Your reliance on the information, advice or documentation in the associated blog, on the Website, social media accounts or on any other related platform.

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12. General Disclaimer

1. You acknowledge that Meraki Holistic Health does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

2. Meraki Holistic Health will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website.

3. You acknowledge and agree that Meraki Holistic Health cannot guarantee the results or effectiveness of any of the services rendered or to be rendered by You. Rather, Meraki Holistic Health shall conduct its operations and provide its services in a professional manner and in accordance with good industry practice. Meraki Holistic Health will use its best efforts and does not promise results.

4. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

5. Subject to this clause, and to the extent permitted by law:

   1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

   2. Meraki Holistic Health will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

6. Use of the Website, the Purchase Services, and any of the products of Meraki Holistic Health is at your own risk. Everything on the Website, the Purchase Services, and the Products of Meraki Holistic Health, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Meraki Holistic Health make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Meraki Holistic Health) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

   1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

   2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

   3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

   4. the Content or operation in respect to links which are provided for the User's convenience;

   5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

   6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

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13. Limitation of Liability

1. Meraki Holistic Health' total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Meraki Holistic Health is the resupply of information or Purchase Services to you.

2. You expressly understand and agree that Meraki Holistic Health, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

3. Meraki Holistic Health is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Meraki Holistic Health, by third parties or by any of the Purchase Services offered by Meraki Holistic Health.

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14. Indemnity

1. You agree to indemnify Meraki Holistic Health, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

   1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

   2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

   3. any breach of the Terms.

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15. Dispute Resolution

1. Compulsory:
   If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

2. Notice:
   A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

3. Resolution:
   On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

   1. Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

   2. If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Victoria Law Society or his or her nominee;

   3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

   4. The mediation will be held at a location to be agreed between the parties.

4. Confidential
   All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

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16. Venue and Jurisdiction

The Purchase Services offered by Meraki Holistic Health is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

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17. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

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18. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

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19. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.