Terms of Use

Website Terms of Use

[Phoenix Holistic Health Centre (ABN: 641 413 372] ([Phoenix Holistic Health Centre Pty Ltd]) owns and operates this website. Access to and use of this website is subject to the following terms and conditions (Terms of Use) and any other terms, conditions, notices, disclaimers or privacy policy on this website.

In these Terms of Use, “we”, “us” and “our” refers to Phoenix Holistic Health Centre and “you” refers to any individual who uses this website.

By using this website, you are agreeing to all of the Terms of Use, as updated by us from time to time.

  1. Amendments to Terms of Use

We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon publication on this website. By continuing to use this website following any amendments, you will be deemed to have accepted these Terms of Use as amended.

2. Access

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the website without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this website.

3. Intellectual Property

This website contains intellectual property owned by us and/or third parties. Unless permitted by law, you must not copy, reproduce, transmit, display or otherwise distribute any of that intellectual property in whole or in part without our prior written consent.

You are permitted to browse, download and print the content on this website provided it is for your personal use only, is not unlawful and does not prejudice our reputation. We consent to you sharing a link to this website provided such sharing is not unlawful, does not prejudice our reputation and does not suggest there is a commercial relationship between you and us or that we endorse any of your products, services or opinions.

If you would like to use the intellectual property on this website for any other purposes, please contact us and we will consider whether to give our consent to such use.

4. Linked Sites

This website may contain links to other websites which are not operated by us (Linked Sites). We have no control over Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of Linked Sites will be subject to the relevant terms of use contained within each such site.

You must not misuse this Website. You agree not to, and not to cause or encourage another person to:

Breach of this clause may constitute a criminal offence. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

5. Misuse of this website.

You must not misuse this Website. You agree not to, and not to cause or encourage another person to:

  • commit a criminal offence;
    • transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
    • hack into this website;
    • corrupt data;
    • cause annoyance to other users;
    • infringe upon the rights of any other person’s proprietary rights;
    • send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
    • attempt to affect the performance or functionality of any computer facilities of or accessed through this website.

Breach of this clause may constitute a criminal offence. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

6. Viruses

You acknowledge that there are inherent risks in accessing and downloading material from the internet due viruses, hacking, distributed denial-of-service attacks and other harmful material that may infect your computer equipment, programs, data or other proprietary material. We do not warrant that this website is virus free, and you must take your own precautions in this respect. We will not be liable for any loss, damage or costs caused by such disturbances.

7. Warranties

The information on our website is intended to provide you with a summary of our goods and/or services and is provided on an “as is” basis. To the extent permitted by law (including your rights under the Australian Consumer Law), we make no warranty regarding the information on our website.

8. Limitation of Liability

To the extent permitted by law (including your rights under the Australian Consumer Law), we will not be liable for any direct or indirect loss, damage or expense, irrespective of how it occurs, which may be suffered due to your use of our website or the information or materials contained on it or as a result of the inaccessibility of our website or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date. Any information on this website does not constitute health or psychological advice.

9. Indemnification

You indemnify and agree to keep indemnified us and our directors, officers, employees, consultants, agents, and affiliates against any loss or damage or costs (including legal costs) incurred by us in connection with your breach of these Terms of Use or of any other legal obligation by you or your use of this website.

10. Waiver

If we do not exercise or enforce any right or provision under these Terms of Use, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms of Use will only be effective if it is in writing from us.

11. Severance

If any part of these Terms of Use is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible, where any clause or part of a clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause as is permitted by law.

12. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of Western Australia, Australia. Any disputes concerning these Terms of Use are to be resolved by the Court having jurisdiction in that state.

13. Privacy Policy

Our privacy policy, which sets out how we collect, hold and use your information, can be found at Privacy Policy – Phoenix Holistic Health Centre Perth By using this Website, you consent to the terms of our privacy policy and warrant that all information provided by you is accurate.

Last update: Sept 2022