Terms and Conditions
Thank you for visiting our website and using our services.
Your use of our website and any of our services that can be accessed through this website, including placement of an order through the online store on this site, are governed by the policies, terms and conditions below. Please read them carefully.
Your use of this website and our services indicates your acceptance of these terms and conditions. Your placement of an order through the online store on this site will also indicate your acceptance of these terms and conditions.
We reserve the right to amend these terms and conditions from time to time. Your continued use of the services on this site will constitute acceptance that you are bound by these terms and conditions as amended.
In these terms and conditions:
(a) ‘Total Health’ means Total Health ‘From Inside Out’ Pty Ltd and any affiliates, employees, officers, agents or assigns;
(b) we refer to ‘Total Health’ as ‘we’, ‘us’ and ‘our’.
We refer to you, our customer or client, or visitor to our website, as ‘you’.
Our ‘site’ means the website at https://www.total-health.com.au
2. THE ONLINE STORE AND YOU
Access to and the use of this site to place orders for products offered for sale in the online store is provided to you subject to these terms and conditions.
By accessing and using this site, including placing orders through the site, you agree that you will be subject to and will comply with these terms and conditions.
3. REGISTRATION AND USE OF YOUR ACCOUNT
You must complete the customer registration process on this site before placing an order for products through the online store on this site.
You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the site. You may not have more than two accounts per delivery address. If you choose to use a workplace email address for your account or to access the site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
4. YOUR OBLIGATIONS
You must ensure that your username and password that are used to access the site and the details of your account are kept in a safe and secure manner.
You must immediately notify us by emailing or telephoning us if you become aware that there has been an unauthorised use of your username and password or account, or you become aware of any other security breach relating to your account.
In addition, you are responsible for the following matters:
(a) you must promptly advise us of any changes to your information provided to us as part of the customer registration process;
(b) you are responsible for any costs associated with your access to or use of the site, including Internet access fees;
(c) you are liable for all loss or damage caused by any person as a result of the use of your username and password to order product(s) through the site;
(d) you agree that we may charge you for all products that we agree to supply and that you have ordered using your username and password; and
(e) you should check the labels on the products before consumption or use.
In addition, you must not use the site for any activities that breach any law, infringe a third party’s rights or are contrary to relevant standards or codes; or use the site in a manner, or post to or transmit to or via the site any material, which interferes with other users or our customers or defames, harasses, threatens, menaces or offends any person or which in our sole discretion prevents any other person from using or enjoying the site.
You must not make fraudulent inquiries, purchases or requests through the site, use another person’s details without their permission or impersonate another person when using the site.
Posting or transmitting on this site offensive, defamatory, obscene, indecent, inflammatory or pornographic material or other material that may give rise to civil or criminal proceedings is strictly prohibited.
So too is:
(a) tampering with or hindering the operation of the site;
(b) knowingly transmitting any viruses, worms, defects, trojan horses or similar disabling or malicious code to the site using a robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the site,
(c) modifying, adapting, translating or reverse engineering any portion of the site;
(d) removing any copyright, trade mark or other proprietary rights notices contained in or on the site; or
(e) reformatting or framing any portion of the pages that are part of the site.
You are not permitted to create accounts by automated means or under false or fraudulent pretences or using a false username.
Use of the site to violate the security of any computer or other network or engage in illegal conduct or taking any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure is strictly prohibited.
Use of this site other than in accordance with these terms and conditions or attempting to do any of the above acts or engage or permit another person to do any of the above acts is prohibited.
5. SUSPENSION OF ACCOUNT
We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the site in a fraudulent or improper manner.
We also reserve the right to cancel orders.
We may immediately suspend, terminate or limit your access to and use of the site and (where relevant) your account if you breach these terms and conditions.
We may stop making the site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which event we will notify you and will refund to you all valid payments received by us for those products.
If we lock, suspend or delete your account, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all relevant checks.
6. ACCURACY / CORRECTIONS
Every care has been taken by us to ensure that the information, and our products and descriptions of them in the online store, are accurate and up to date. We do not promise or represent that content on our site, including on the online store, is accurate, complete, reliable, current or error-free.
We reserve the right to make any necessary corrections. In the event an error is identified, we will place a correction on the content area.
7. ORDERING PRODUCTS
You may order products on the online store by selecting and submitting your order through our site in accordance with these terms and conditions.
Any order that you place through the online store on this site for a product is an offer by you to purchase the particular product at the price notified (including the delivery and other charges and taxes) at the time that you place the order.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site. You agree to provide us with current, complete and accurate details when asked to do so by us.
8. STOCK AVAILABILITY
We will endeavour to supply all items that are listed in the online store.
If any of our products are temporarily unavailable, we will post a notice to that effect. If products are no longer available, we will remove them from the online store as soon as we become aware that those items are no longer available.
There may be occasions when for circumstances that are beyond our control all or part of your order cannot be fulfilled immediately or cannot be fulfilled at all.
If part of your order cannot be fulfilled immediately, we will dispatch the part that can be fulfilled as soon as possible and advise you by email or telephone as to by when we expect that the balance will be fulfilled. If any part of your order cannot be fulfilled at all, we will notify you as soon as possible by email or telephone.
Where a product becomes unavailable, but that item is ordered by you before we have withdrawn that item from the online store, we will advise you by email or telephone and the purchase price of the item in question will be refunded.
Products with a limited sales period will have the withdrawal date clearly shown.
We reserve the right to change the advertised price for products displayed on our online store at any time. The price payable for products shall be the price applicable on the date the goods are confirmed as ordered.
All prices in the online store are shown in Australian dollars.
11. GST / TAXES
We do charge GST.
12. PAYMENT METHODS AND PROCESSING
When purchasing goods through the online store we currently accept payment only bank transfer or credit card payment over the phone. Goods are sent when the total amount has been approved and debited from your account. Placing your order means you are engaged in a contract and that you unconditionally accept the prices and descriptions of the items you have ordered.
13. CANCELLATION OF ORDERS
We may cancel any order or part of an order (including any orders that have been accepted) without any liability to you for that cancellation at any time if:
(a) the requested products in that order are not available; or
(b) there is an error in the price or the product description posted on the site in relation to the relevant product in that order; or
(c) the order has been placed in breach of these terms and conditions.
14. DELIVERY OF GOODS
Physical products that are ordered through the online store may be delivered by Australia Post or a reputable courier company. We process orders and prepare them for delivery promptly upon receipt of full payment. Delivery after we dispatch an order may take between 2 and 14 days, depending on the delivery option.
We will endeavour to fulfil your order within the time specified.
We will not be able to do so where you have provided an incorrect or incomplete delivery address; or where we believe the order to be fraudulent.
In the event that you supply incorrect payment or delivery details, we will take all reasonable steps to contact you using the personal details that you have provided. If your supplied contact details are incorrect, we will not be held responsible for not fulfilling your order, nor for being unable to advise you that this is the case
If you are ordering our products for delivery outside Australia, you are responsible to pay any import duty or sales tax within your own country.
The risk of loss and title for all items purchased via our online store pass to you upon our delivering the item to Australia Post or the courier company for delivery.
If your order is damaged or lost in transit, you are responsible for resolving this with Australia Post or the courier company directly. We are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Total Health.
Digital goods are delivered immediately. Please be aware that there are inherent risks associated with downloading any software and digital goods. If you have any technical problems downloading any of our goods, please contact us.
15. RETURNS AND REFUNDS
Total Health handles returns and processes refunds in accordance with our obligations under the Australian Consumer Law.
If you have received an item that is incorrect, damaged or faulty and you wish to return it, please notify us as soon as possible with a valid reason for the return. If we are unable to resolve your concern or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Total Health.
16. ONLINE EXCHANGE AND RETURNS
We will not exchange or allow products to be returned unless they are faulty.
17. FAULTY PRODUCTS
In the event that you receive a faulty product, we ask that you notify us within 3 days of receiving the item, and return the product within 10 days.
Please contact us via the contact form through the website to notify us immediately. You will be sent an email containing a Returns Authorisation Number and instructions on returning the faulty item. Please include the invoice you receive with your parcel. We are not responsible for returned items that are lost in the post. We suggest returns be sent via express parcel or registered Australian post. Please include the receipt for your postage in the return parcel otherwise we will not refund the postage cost. A refund or exchange will be made on receipt of the item.
18. CANCELLATION POLICY
If you have booked a session with us, we will send you a reminder of your appointment 48 and 24 hours and 2 hours before the scheduled session time.
As we run a busy clinic, late cancellation or not showing up to an appointment potentially means that we cannot see someone else wanting a session.
If you have made a booked Health Testing session, or booked to attend a live webinar or workshop and you wish to cancel or reschedule the session, we ask that you notify us by email or telephone not less than 48 hours before the scheduled session time. Notice of your wish to cancel or reschedule all other sessions must be given to us by telephone or email not less than 24 hours before the scheduled session time.
You are welcome to reschedule or cancel a booked session or attendance at a webinar or workshop at any time before the 24 hour / 48 hour period set out above.
If notice of cancellation or rescheduling is not received within the time set out, you will be charged the full fee for the session, webinar or workshop as the case may be.
19. LIMITATION OF LIABILITY
We have used all reasonable care to ensure that the information available on or through our site or that is presented at a workshop or webinar that is advertised on or available through this site is accurate, complete, reliable, and current.
However, Total Health does not warrant that such information is accurate, complete, reliable, current, of a particular quality or suitable for your particular circumstances.
To the fullest extent permitted by law, we disclaim all liability for breach of any warranties with regard to the information and applications on this website and your use of the website and our products and services.
In particular, to the fullest extent permitted by law, we make no representations and exclude all liability in connection with:
(a) the availability of the site or your use of it;
(b) the functionality, features and performance of the site;
(c) the security of the site or any linked site, or the safety of any file or software associated with them (such as safety from any virus or defects including those which could damage or interfere with your data, hardware or software);
(d) the accessibility, accuracy, quality, currency or reliability of the site, or of any materials, information, products or services promoted or accessed through it.
While we will use our utmost best endeavours to ensure that no breach of any guarantee, condition or warranty occurs in relation to the information and the online store on this website, our liability for breach of any guarantee, condition or warranty shall be limited, to the extent permitted by law, to one or more of the following:
(a) in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring goods; or payment of the cost of having the goods repaired; and
(b) in the case of services: to either resupplying the services or payment of the cost of having the services supplied again.
20. REFERENCE MATERIALS
Total Health encourages everyone to make their own health care decisions based on their judgment and research in partnership with a qualified healthcare professional.
The information on this site and that is available through our products and services, including webinars and workshops that are advertised on or accessible through this site, are based on over 30 years of clinical experience in private practice and established and study of emerging medical and scientific research. However, all such information is presented for educational purposes and is of a general nature only.
The information on this site is not a substitute for one-on-one advice by a medical practitioner or healthcare professional in a clinic setting or that is based on a detailed assessment of your particular healthcare needs and circumstances.
Therefore, no information on this website or that is presented through our products and services constitutes a diagnosis of or prescription for the prevention, treatment, alleviation or cure of a medical or general health-related condition.
Total Health is not liable for any injury or loss of any description, whether suffered by you or anyone else as a direct or indirect result of your use of this site or our products and services, or reliance on the information on this site or that is presented through our products and services, including webinars and workshops advertised on or accessible through this site. As such you use all such information at your own risk, and you are solely responsible for all loss or damage in connection with, or in reliance on, the materials.
21. INTELLECTUAL PROPERTY
The materials displayed on this website, including all photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, are the property of Total Health and are protected by copyright, trademark and other intellectual property laws. We do not grant any licence or right in, or assign all or part of, our intellectual property rights in the content or applications incorporated into our site or in the user interface of the site
Any content on our site may be downloaded, displayed and printed solely for your personal and non-commercial use. You agree otherwise not to modify, copy, reproduce, frame, upload, retransmit, distribute, disseminate, sell, lease, rent, sub-licence, publish, broadcast or circulate any such material to a third party in any way except as expressly stated on our site or with our prior written consent.
Tampering with any copyright notice, or tampering with or commercial use of any trade mark, logo or names (including business names and domain names) appearing on our site or in materials accessed through out site is strictly prohibited.
We reserve the right to access, maintain, delete or destroy all communications or information uploaded or stored within the site at any time.
22. THIRD PARTY WEBSITES
This website or the online shop may contain links to other websites that are operated, controlled or produced by third-parties. Unless otherwise indicated, we do not control, endorse, sponsor or approve any such third-party websites or their content nor do we provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
23. LINKS TO THIS WEBSITE OR THE ONLINE SHOP
You must not establish a link to our site without our prior written approval.
To request approval, please email us at email@example.com.
The following information will be required to assess your request:
(a) the URL of the website that you seek to establish a link from;
(b) a brief description of your website; and
(c) the reason that you wish to establish a link.
We may accept or reject your request in our sole discretion. If we accept your request, you must comply with any terms and conditions imposed by us as a condition of our approval. You must notify us if the nature and/or content of the linked website changes in any material way.
This agreement is governed by the laws of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that place.
Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
If any provision of these terms and conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms and conditions which will continue in full force and effect.
26. CHANGE OF ADDRESS
We cannot be held responsible for an incorrect address being entered on your order. If your delivery address differs from the one given at checkout please notify us ASAP and we will make all attempts to correct the information.
27. CONDITIONS OF GIFT CERTIFICATES
Certificates can be redeemed for merchandise only and not for cash.
Certificates can only be redeemed with Total Health, not with any other reseller of our products.
Gift certificates are valid for 24 months from date of issue.
No change or credit will be given: any remaining balance on the card can only be used in whole or part against future purchases.
Gift Certificates are in $AUD only and can be purchased by contacting us.