Melissa Luxmoore

Appointment Booking Terms and Conditions

Thank You for choosing Melissa Luxmoore!

These Terms and Conditions govern your booking.

By clicking “accept” You agree to these Terms and Conditions.

1. Purchase Services

1.1. The website, www.melissaluxmoore.com (‘Website’) is operated by Melissa Luxmoore (ABN: 44 288 746 490) (‘Melissa Luxmoore’).

1.2. Access to and use of the Website, or any of its associated products and services is provided by Melissa Luxmoore.

1.3. The Website provides you with an opportunity to browse and make bookings for 45-minute and 90-minute appointments with Melissa Luxmoore (‘Services’). The Services do not include the cost of follow-up appointments, supplements, blood tests or other tests that may be recommended.

1.4. The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

1.5. You have agreed to purchase a Service through the Website (‘Service’).

1.6. These Terms and Conditions (‘Terms’) are to be read in conjunction with the payment page (‘Payment Page’) and Service information page (‘Information Page’) of the Website.

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 Melissa Luxmoore in the user interface.

3. Personal Information

3.1. When purchasing the Service, you will be required to provide personal information such as your full name, password and e-mail address.

3.2. You agree that all details that you have provided in completing the purchase are true and correct.

3.3. Your personal information is kept in accordance with the Melissa Luxmoore Privacy Policy (‘Privacy Policy’) which can be accessed via the Website.

4. Bookings of Services

4.1. Melissa Luxmoore requires all bookings and purchases for the Services to be made via Acuity Scheduling, or such other booking system made available from time to time (the ‘Booking System’).

4.2. If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the terms and conditions of use, privacy policy and other relevant legal documentation provided by the Booking System.

4.3. Available appointments are a 45-minute appointment, and a 90-minute appointment. You acknowledge that the 45-minute appointments are available only to existing clients of Melissa Luxmoore who have had a paid appointment with Melissa Luxmoore within the 12-month period prior to booking another appointment. If you have not had a paid appointment with Melissa Luxmoore within the last 12 months, you are required to book a 90-minute appointment only.

4.4. By choosing to proceed with the Services, you agree to be bound by these Terms.

4.5. In using the Purchase Services to make a booking through the Website, you are agreeing to make the required payment of the purchase price listed on the Website for the booking ('Purchase Price').

4.6. Payment of the Purchase Price may be made through the available payment methods (the 'Payment Gateway Providers')

4.7. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

4.8. 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.

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

5. Rescheduling, Termination and Refunds

5.1. You must notify Melissa Luxmoore of an intention to reschedule any part of the Services, being your appointment, as soon as practicable through e-mail to melissa@melissaluxmoore.com and abide by the following (‘Rescheduling Policy’).

5.2. Melissa Luxmoore understands that things change, and therefore if you need to make a request to reschedule your appointment time you agree to provide at least 2 business days’ notice. Unfortunately, if you have to make changes within 2 days of your scheduled consultation, you will forfeit the consultation, and no refund will be provided.

5.3. If you cancel a consultation and do not reschedule, you will forfeit the consultation and no refund will be provided.

5.4. Melissa Luxmoore may change the Rescheduling Policy at any time without notice and bookings made in advance of the change will not be affected.

5.5. To terminate your involvement in the Services, you must notify Melissa Luxmoore of an intention to terminate as soon as practicable through e-mail to melissa@melissaluxmoore.com and abide by the following (‘Termination Policy’).

5.6. The Services are non-refundable. If you have purchased the Services and wish to terminate your involvement early, the Fees are non-refundable.

5.7. Melissa Luxmoore will only provide you with a refund of the Fees in the event that Melissa Luxmoore is unable to continue to provide the Services (the 'Refund').

5.8. Melissa Luxmoore may change the Termination Policy at any time without notice and bookings made in advance of the change will not be affected

6. Warranty

6.1. Melissa Luxmoore will use her best efforts and take all reasonable steps to help you achieve your desired results. However, Melissa Luxmoore makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.

6.2. The services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel the Terms with Melissa Luxmoore, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

7. Services Disclaimer

7.1. You are solely responsible for creating and implementing your own physical, health, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from your use of the Services. As such, you agree that Melissa Luxmoore is not and will not be liable or responsible for any actions or inaction, including effects on your personal life or for any direct or indirect result of any Services provided by Melissa Luxmoore.

7.2. You understand that the Services are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Services are not to be used as a substitute for professional psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.

7.3. You agree to release and discharge Melissa Luxmoore from and against all claims arising out of or in connection with provision of the Services. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received a Service from Melissa Luxmoore.

8. Privacy

Melissa Luxmoore takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Melissa Luxmoore’s Privacy Policy which is available on the Website.

9. General Disclaimer

9.1. You acknowledge that Melissa Luxmoore does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms.

9.2. 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.

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

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b) Melissa Luxmoore 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.

9.4. Use of the Website, the Purchase Services, and any of the Services of Melissa Luxmoore is at your own risk. Everything on the Website, the Purchase Services, and the Services of Melissa Luxmoore, 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 Melissa Luxmoore make any express or implied representation or warranty about its Content or any Services or Purchase Services (including the Services or Purchase Services of Melissa Luxmoore) 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:

(a) 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;

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

(d) the Content or operation in respect to links which are provided for your convenience;

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

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

10. Mailing List and SMS List Registration

10.1. You will be given the option to register for the Melissa Luxmoore Mailing List (the 'Mailing List') and SMS List (the ‘SMS List’)

10.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(g) Email address

(h) Name

10.3. If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from Melissa Luxmoore.

11. Limitation of Liability

Melissa Luxmoore’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.

12. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms shall be governed by the laws of Queensland, Australia.

13. Independent Legal Advice

Both parties confirm and agree that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice before agreeing to these Terms.