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Eco Health Solutions Pty Ltd trading as Earth Mother Sound Healing
1.1 Thank you for visiting www.ecohealthsolutions.com.au (the Website). The Website has been established to enable the purchase and in some instances the use of the services below (described in detail in the Specific Terms):
(a) Virtual Indoor Environmental Health Assessment Services;
(b) Phone Services;
(c) Online Courses Services;
(d) Detox Your Environment Inner Circle Services,
(e) Earth Mother Sound Healing Services
(collectively the Services).
1.2 You may also purchase or receive products from our stores located on the Website (the Products).
2.1 The Website is owned and operated by Eco Health Solutions Pty Ltd (161 897 490) (Eco Health). Access to and use of the Website, or any of its associated Products or Services, are provided by Eco Health. Please read these general terms and conditions (General Terms) and the terms and conditions specific to the Services to be provided to you, being the following:
(a) Virtual Indoor Environmental Health Assessment Services, which can be found here https://ecohealthsolutions.com.au/viehatac/;
(b) Phone Services, which can be found here https://ecohealthsolutions.com.au/pstac/;
(c) Online Courses Services, which can be found here https://ecohealthsolutions.com.au/octac/; and
(d) Detox Your Environment Group Services, which can be found here https://ecohealthsolutions.com.au/dyegtac/,
(e) Earth Mother Sound Healing Services, which can be found here https://ecohealthsolutions.com.au/emshtac/
(the Service Terms)
which together with the General Terms, constitute the entire terms and conditions (Terms). The Terms constitute a legally binding agreement between Eco Health and you. In the event of inconstancy between the General Terms and the Service Terms, the Service Terms shall prevail insofar as the inconstancy applies.
2.3 You may not use the Services or purchase the Products and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Eco Health; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
2.4 By engaging Eco Health, you acknowledge and understand that Eco Health does not provide you with any tax, legal, business advisory, accounting or other specialist, professional or technical advice other than any advices provided as part of the Services. For further information, please read the Terms carefully.
2.5 Eco Health reserves the right to review and change any of the Terms by updating the Terms. When Eco Health updates the Terms, it will use reasonable endeavours to provide you with notice of the same. Any changes to the Terms will take immediate effect from the date of their publication. If you choose not to accept any changes to the Terms, your sole recourse will be to stop using the Services. Before you continue, we recommend you keep a copy of the Terms for your records.
2.7 By you agreeing to the Terms, you agree and acknowledge that:
(a) unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are inclusive of GST, VAT, or any local sales tax in the jurisdiction in which you are located; and
(b) Eco Health may receive a commission from third parties in relation to provision of the Services and/or Products to you.
3.1 To access the Products and Services, you are required to register for an account with Eco Health (the Account). You may register for an account via the Website.
3.2 You will only receive the Services which you have requested and paid for as required by the Specific Terms, subject at all times to the approval of Eco Health. As part of the registration process or as part of your continued use of the Services (if the Services are continual in nature), you will be required to provide personal information about yourself (such as identification, contact details, payment details and possibly other personal information such as qualifications, skills, previous employment details) (your Personal Information).
3.3 You agree that where Eco Health advises you in writing that it requires further verification of your identity, then you will make all reasonable endeavours to comply with this request within 7 days of receipt of same.
3.4 You agree that any Personal Information you give to Eco Health will always be accurate, correct and up to date.
3.5 You understand that by supplying Eco Health with your Personal Information, you may receive regular emails, newsletters, telephone calls or SMS updates from Eco Health about Eco Health’ activities and offerings. If you do not wish to receive updates from Eco Health, you may contact Eco Health at [email protected].
3.6 As part of the registration process, or as part of your continued use of the Services and purchase of any Products, you may will also be requested to provide Eco Health with:
(a) an email address; and
3.7 Once you have completed the registration process:
(a) you will be a registered member of the Website (“Member”);
(b) you will have use of the Services to which you have subscribed to and paid for in accordance with the Service Terms; and
(c) Eco Health may send you an email verifying your email address.
3.8 As a Member, you agree to comply with the following:
(a) not to share your profile with any other person;
(b) use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your Account;
(d) any use of your Account by any other person, or third parties, is strictly prohibited. You agree to immediately notify Eco Health of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f) you are solely responsible for your interactions with other Members;
(g) you understand that Eco Health does not in any way screen its Members, nor does Eco Health inquire into the backgrounds of its Members or attempt to verify the statements of its Members. Eco Health makes no representations or warranties as to the conduct of its Members or their compatibility with any current or future Members;
(h) you agree that you will not broadcast, publish, transmit, post or upload content to the Website or any social media platform associated with the Website (Social Media) which is false, misleading or contains sexually explicit material, references or innuendos;
(i) you agree not to harass, impersonate, stalk, threaten another member of the Website or Social Media;
(j) access and use of the Website and Social Media is limited, non-transferable and allows for the sole use of the Website and Social Media by you for personal, non-commercial purposes only for the duration of the membership;
(k) you will not use the Services, the Website or the Social Media in connection with any commercial endeavours except those that are specifically permitted, endorsed or approved by Eco Health;
(l) you will not use the Services, the Products, the Website or Social Media for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website or Social Media;
(m) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of your Account privileges. Appropriate legal action will be taken by Eco Health for any illegal or unauthorised use of the Website or the Social Media; and
(n) you acknowledge and agree that any automated use of the Website or the Social Media, its Services is prohibited.
4.1 You acknowledge and agree that:
(a) Eco Health has entered into these Terms in reliance on the acknowledgements, representations and warranties given by you in these Terms;
(b) you shall remain solely responsible for assessing the implications and risks of using the information in the Services or the Products and expressing your views, thoughts and opinions on the Website or Social Media;
(c) any advice or report provided by Eco Health to you as part of the Services, whether oral or written, is given solely and exclusively to you and may only be relied on and used by you in accordance with the Terms; and
(d) these Terms do not create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between the parties.
5.1 Subject to and where applicable under the Service Terms, Members will be enrolled in a subscription plan and will be required to pay for the subscription for a minimum of thirty (30) days or longer for any ongoing services as described under the Service Terms (Ongoing Services).
5.2 The subscription fees in relation to the Ongoing Services can be found on the Website and may vary from time to time (the Fees). Payment of the Fee may be made through the Website’s third-party payment provider as specified on the Website using a third-party payment provider (the Payment Gateway).
5.4 If you choose an auto recurring monthly subscription for the Ongoing Services, your payment method will continue to roll over from month to month and you will continue to be billed for it until you cancel your subscription.
5.5 If the period for the Ongoing Services is not monthly, your subscription fees for the Ongoing Services will start when your payment has been confirmed and continue to roll over for each period (as agreed between you and Eco Health) until you cancel the subscription.
5.6 Deleting your account on our Website does not automatically cancels your subscription. You will be required to log into your account and follow instructions to cancel your account. Eco Health will retain all funds charged for your subscription until the end of the subscription period in accordance with clause 5.7.
5.7 Cancellation of the Services will mean the non-renewal of the subscription and the Services will terminate on the non-renewal date. For the avoidance of doubt no refunds (partial or otherwise) will be given for any termination for convenience under this clause.
5.8 Where payment for any Services is not for Ongoing Services (One-Off Payment), the One-Off Payment must be made in the manner as directed by Eco Health and the provisions of this clause 5 relating to any third party payment gateway shall apply in relation to any One-Off Payment.
5.9 Shipping for any Products purchased on the Website will be via third party delivery providers and Eco Health is not responsible for later deliver or late delivery outside any estimated timeframe. Risk for any Products passes to you upon transfer of the Products to the third-party delivery provider. You indemnify Eco Health against any and all claims brought by you or any other party in relation to the delivery of the Products to you.
6.1 In the event you elect to pay the Fee or any One-Off Payment, fees, charges, expenses or monies owing pursuant to the Terms by way of direct debit and/or credit card and there is a chargeback by your credit provider or the Payment Gateway, Eco Health may suspend or terminate the Services immediately. You will be charged the then current Eco Health administration fee plus GST (Administration Fee), and you agree to pay 2% plus the Cash Rate Target set by the Reserve Bank of Australia (the Interest) on amounts which remain unpaid after 30 days from the date of the tax invoice. Upon payment of the Administration Fee and Interest in accordance with the Terms, Eco Health may reinstate the Services to you at Eco Health’s sole and absolute discretion.
6.2 Further, if you do not pay any amounts owing, you will be liable to make the payment immediately. In the event the amounts remain unpaid after 30 days from the date of the tax invoice, we may proceed to recover the debt from you without further notice. If we initiate debt recovery action against you, you acknowledge and agree that you will be and remain liable for all debt collection costs which includes any legal costs (on an indemnity basis), collection agency costs and any other expenses or disbursements. You will also be liable to pay the Interest and Administration Fee on the outstanding debt and we may report you to a credit reporting agency.
6.3 Eco Health reserves the right to terminate or suspend your access to the Website, the Services and the Products in the event that you fail to pay any payment owing pursuant to the Terms from time to time.
7.1 If, for whatever reason, you are unsatisfied with the Services or Products please contact Eco Health outlining why you believe you are entitled to a refund of the Fee so that we are able to determine whether a refund should occur.
7.2 Any refunds granted pursuant to this clause will be at Eco Health’s sole and absolute discretion.
7.3 Solely for the purpose of a nonlimiting example, no refunds will be available if you decide not to sign up with any of the on-demand businesses because you have determined the work to be difficult or if you feel overwhelmed by the options or information.
8.1 The Website, the Services, the Products and Social Media and any related products and services of Eco Health (the Material) are subject to copyright. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Materials (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, lists, design elements and interactive features) (the Content) are owned or controlled for these purposes and are reserved by Eco Health or its contributors.
8.2 Any distribution of the Material will be deemed a breach of confidentiality and the Terms and Eco Health reserves the right to seek legal action or compensation as a consequence of same. You understand and agree that as a result of your breach of the Terms, damages may not be sufficient and Eco Health may proceed with an action for injunctive relief. If such action is necessary, you agree that you will be liable to Eco Health for its legal costs (on an indemnity basis) occasioned by your breach of confidentiality and the Terms.
8.3 Eco Health retains all rights, title and interest (including copyrights, patents and trademarks) in the Material, the Content, and all related content therein. Nothing you do will transfer any interest in the Material or Content to you, other than the grant of the licence to you as set-out in clause 8.4 below.
8.4 Whilst using the Services, Eco Health grants you a worldwide, non-exclusive, non-sublicensable, non-transferrable, royalty-free, revocable licence during these Terms to:
(a) download the Material and the Content;
(b) use the Material and Content for your sole use;
(c) copy and store the Material and Content; and
(d) print pages from the Website for your own personal use.
8.5 Eco Health does not grant you any other rights whatsoever in relation to the Material and/or the Content. All other rights are expressly reserved by Eco Health.
8.6 You may not, without the prior written consent of Eco Health and the permission of any other relevant rights owner: broadcast, republish, upload to a third party, transmit, post, distribute, show or display or publish in public, adapt or change in any way the Material or Content for any purpose, other than for the purposes expressly allowed by these Terms. This prohibition does not extend to the Material and Content which are freely available for re-use or are in the public domain.
9.1 You may read and copy the Material and Content for your own needs, but you may not publish, resell, share, or sub-licence it. Eco Health makes no guarantees, representations or warranties about the accuracy or legal correctness of any of the Material or Content.
9.2 Third Party Websites
(a) Eco Health may utilise the services of third party content providers in its Material and Content (each a Third Party Content);
(b) Eco Health is not responsible and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Content, any website accessed from a Third Party Content or any changes or updates to such sites. Eco Health makes no guarantees about the content or quality of the products or services provided by such sites; and
(c) by using any information, product, service, or functionality originating from the Services, you are allowing Eco Health to share information with any third party with whom Eco Health has a pertinent contractual relationship, but only for the purposes to facilitating the provision of Third Party Content such as products, services, information or functionality offered by the third parties.
10.1 By engaging Eco Health for the Services or Products, you acknowledge and agree that Eco Health is granted an irrevocable, perpetual, worldwide, royalty free right to use your trade mark, logo, photographs, testimonials, feedback or any other data posted to the Website by you including your name for the purpose of promoting Eco Health, the Website and its associated products and services, now and in the future. This includes any promotion, testimonials, marketing or advertising by way of online, in print, in social media, in competitions, advertisements, books and magazines, design publications and any other self-promotional or demonstrative purpose.
Our products and services come with guarantees that cannot be excluded under your local laws, including under Australian Consumer Law if you are an Australian Consumer. The Company provides no additional express or implied warranties.
12.1 Nothing in the 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, and:
(a) if you are not a Consumer (under the Australian Consumer Law), you agree that Eco Health has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website, the Services or the Products;
(b) if you are a Consumer (under the Australian Consumer Law), Eco Health limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law; and
(c) where there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law, Eco Health’s liability to you is limited to resupply of the Services or Products or payment of the cost of re-supplying the Services or Products to you.
12.2 Subject to this clause and to the extent permitted by law:
(a) Eco Health excludes all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and
(b) Eco Health will not be liable for any claims, causes of action, damage or expenses arising out of or in connection with the Website, Products or the Services (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, in equity, pursuant to statute, or otherwise.
13.1 Eco Health’s total liability arising out of or in connection with the Website, the Services, the Products and/or the Terms, however arising, including at law, in equity, under statute, or otherwise, will not exceed $100.00.
13.2 You expressly understand and agree that Eco Health will 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 includes, but is not limited to, any loss of profit, any loss of goodwill or business reputation and any other intangible loss.
13.3 You expressly understand and agree that Eco Health will not be liable to you for your use of the Services or Products, except where such liability cannot be excluded by law. Any services provided by third parties are neither endorsed nor guaranteed to be satisfactory to your situation.
13.4 In relation to the Services and any associated Products:
(a) such Services and Products are provided only to you and may not be relied on by any third party;
(b) you may not provide the Services or any associated Products to any third party;
(c) any advice given in relation to or as part of the Services is:
(i) particular to your situation and environment as disclosed by you;
(ii) the pre-consultation questionnaire completed by you;
(iii) limited to the quality of the technology used in any virtual assessment call or any other call; and
(iv) limited by the factors and qualifications outlined in any report given (if any).
(d) Eco Health expressly disclaims any liability arising howsoever in relation to breach by you of this clause 13.4.
14.1 You indemnify Eco Health from and against:
(a) 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:
(i) inaccurate or misleading information provided by you or your agent; or
(ii) any breach of the Terms.
(b) any direct or indirect consequences of you accessing, using, posting on, or transacting on the Website or the Services or attempts to do so.
14.2 This indemnity will survive termination of the Terms.
Dispute Resolution for dispute occurring within Australia
15.1 Compulsory Mediation
If a dispute arises out of or relates to the Terms, the Services, the Products or the Website then no party may 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).
A party claiming a dispute (Dispute) must, within thirty (30) days of becoming aware of the Dispute, complete the Dispute Resolution Policy and Complaint Form (the Dispute Notice) detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute and serve it on the other party. A copy of the Dispute Resolution Policy and Complaint Form may be requested from Eco Health by sending an email to [email protected].
Within fourteen (14) days of receipt of the Dispute Notice, the other party must complete a Response Form and serve it on the other party detailing their response to the Dispute and serve it on the other party. A copy of the Response Form may be requested from Eco Health by sending an email to [email protected].
On receipt of the Response by that other party, the parties to the Dispute (the Dispute Parties) must within seven (7) days of the Dispute Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
If for any reason whatsoever, twenty-one (21) days after the date of the Dispute Notice, the Dispute has not been resolved, the Dispute Parties acknowledge and agree that Eco Health may refer the Dispute to a mediator or request that an appropriate mediator be appointed by the Australian Commercial Disputes Centre or his or her nominee and the mediation will be held in accordance with the Australian Commercial Disputes Centre’s Guidelines for Commercial Mediation.
The mediation will be held in Melbourne, Australia.
All communications concerning negotiations made by the Dispute 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.
15.6 Termination of Mediation
If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Dispute Resolution for dispute occurring outside Australia
15.7 Compulsory Mediation and Arbitration
If a dispute arises out of or relates to the Terms outside of Australia, unless the Dispute Parties have complied with the following clauses, the parties may not commence any tribunal, arbitration, or Court proceedings in relation to the dispute (except where urgent interlocutory relief is sought).
A party to the Terms claiming a Dispute has arisen under the Terms, must give notice, in compliance with clause 19, to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice by that other party, the Dispute Parties to the Terms must within seven (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.
If for any reason whatsoever, twenty-one (21) days after the date of the notice, the Dispute has not been resolved, the Dispute Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Commercial Disputes Centre or his or her nominee and the mediation will be held in accordance with the Australian Commercial Disputes Centre’s Guidelines for Commercial Mediation.
The Dispute 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 Dispute Parties must each pay their own costs associated with the mediation.
In the event that the Dispute arising out of or relates to the Terms, the Services, the Products (or any associated products or services) outside of Australia is not resolved at the conclusion of the mediation, the Dispute Parties are prohibited from instituting legal proceedings concerning the subject matter of the Dispute and the Dispute, controversy or claim arising out of, relating to or in connection with the Terms, including any question regarding its existence, validity or termination, will be resolved by arbitration in accordance with the ICC Rules of Arbitration (or any rules which supersede these rules). The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. This clause may be used as a bar to legal proceedings issued in any Court in any country which has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
However, Eco Health may apply for immediate injunctive relief in any court of competent jurisdiction.
16.1 The Terms will continue to apply until the deletion of your account, or until terminated by Eco Health as set out below.
16.2 If you elect to terminate, you must provide at least 30 days’ written notice to Eco Health.
16.3 Eco Health may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Eco Health is required to do so by law;
(c) the partner, if any, with whom Eco Health offered the Services to you has terminated its relationship with Eco Health or ceased to offer the Services to you;
(d) Eco Health is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service;
(e) the provision of the Services to you by Eco Health is, in the opinion of Eco Health, no longer commercially viable;
(a) if you have used the Services:
(i) in breach of any law;
(ii) in a way that is misleading or deceptive;
(iii) in a way which is unreasonable as determined by Eco Health at its absolute discretion; or
(iv) in a manner which can or does bring Eco Health into disrepute or could damage Eco Health’s reputation as determined by Eco Health at its absolute discretion.
16.4 Subject to local applicable laws, Eco Health reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct damages Eco Health’s name or reputation or violates the rights of those of another party.
16.5 Upon the termination of the customer’s account, all of the legal rights, obligations and liabilities that you and Eco Health have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
The Services offered by Eco Health are intended for residents of Australia. These Terms are governed by and are to be constructed in accordance with the laws of the State of Victoria, Australia. Except as agreed in clause 19.10, you submit to the exclusive jurisdiction of the courts situated in Melbourne, Australia in respect of all matters arising out of or relating to these Terms, the Website, the Products, the Services and their performance.
18.1 Eco Health may provide any notice to you under the Terms by sending a message to your email address. The notice provided by Eco Health to you by email shall be deemed to have been properly given on the date Eco Health sends the email, regardless of whether you have received the email.
18.2 Unless specified otherwise, any notices provided by you to Eco Health must be in writing and be delivered either in person, or via registered post to 366 Rathdowne Street, Carlton North, Victoria 3054. Notices provided by registered post shall be deemed to have properly given three days after they are posted (if posted).
If any part of the Terms is found to be void or unenforceable, that part shall be severed and the rest of the Terms shall remain in force.
20.1 A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it.
20.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
20.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.
21.1 Eco Health may assign or transfer its rights or obligations under the Terms without your consent.
21.2 You may not assign or transfer your rights or obligations under the Terms without prior written consent of Eco Health. A purported assignment without written consent will be deemed to be void and convey no rights.
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