BOOKING TERMS AND CONDITIONS FOR APPOINTMENTS WITH DR LISA COCHRANE

(SEE BELOW FOR WEBSITE TERMS AND CONDITIONS) 

These Booking Terms and Conditions apply to bookings made with Vitality Lifestyle Medicine Pty Ltd [ABN 77675934620] (“we, us, our”) for any Lifestyle Medicine consultancy services (“Consultation Services”/"Services"). These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an agreement with us (“Agreement”). “You” could be any client or customer of ours making a booking or using our Services. If you do not agree, you cannot make a booking.  

  

SERVICES WE PROVIDE 

We will perform the Consultation Services with due care, skill, and diligence. The Consultation Services will be performed personally by Lisa Cochrane or her Representatives where prior agreed. The Consultation Services usually include a one-hour consultation where we review your Intake Form, take an extensive medical history, and a physical examination, and a short fitness test if required.  We may order blood tests or review tests already performed. We will require you to provide past results or your consent to view your My Health Record account. We will then provide an initial written lifestyle management plan and relevant health information via email. 

 

We usually recommend a 40-minute review Consultation within two to four weeks to review the blood tests, check your progress with the initial lifestyle management plan and formulate a more comprehensive management plan. We can also write a summary to your usual GP and send a copy of the lifestyle management plan and have follow up consultations with you as you require.

 

Above all, we agree to: 

  • keep all your documents secure and confidential; and 
  • comply with our privacy policy, details of which you can find on our website. 

 

YOUR OBLIGATIONS 

You must provide all information we request in order for us to perform the Consultation Services. You represent and warrant that:  

  • all information you provide is true, correct, current, and to the best of your knowledge; 
  • you will respond promptly to any of our requests for further information and will notify us immediately if any information changes; 
  • you will be on time for your consultation. 

You acknowledge and agree that you will: 

  • do your best to attend to any agreed actions in the lifestyle management plan; and 
  • communicate openly and honestly. 

We may become aware during the performance of the Consultation Services that you may need additional services, and you agree to co-operate with us in this regard. 

 

NO GUARANTEES

You acknowledge and agree that the lifestyle management plan is developed based on the information you provide, and the response to a plan can vary and may not always be predicted.  

 

THE FEES YOU NEED TO PAY 

You agree that you will pay us the Consultation Fee for the Consultation Services. We will invoice you for the Consultation Fee at the time of booking, or when otherwise agreed. All invoices are due immediately. Interest will be charged on any unpaid invoices at the rate of 10% per annum calculated monthly. Any legal collection fees that are incurred will be charged to you. 

 

CANCELLATIONS, RESCHEDULING AND REFUNDS 

Where you do not show for a Consultation or fail to inform us of your cancellation, a Cancellation Fee of $150 will apply. Any cancellations with less than 48 hours’ notice will incur the Cancellation Fee of $100 for a 1-hour consultation and $50 for a 15-minute consultation. We provide a full refund for cancellations with more than 48 hours prior notice. 

 

You may otherwise reschedule the Service with no penalty subject to our availability.  

To the extent permitted by law, any other refunds for any cancellations of the Consultation Services are at our absolute discretion. No refunds will be given after a consultation has occurred, regardless of whether you chose to implement the lifestyle management plan. We do not provide refunds for your change of mind, where you failed to provide us with adequate information or clearly explain your needs, or where you have failed to act on our advice. 

 

THE AUSTRALIAN CONSUMER LAW 

Our Services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a Service, you are entitled to: 

  • cancel your Agreement with us and to a refund of the unused portion; or
  • to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel this Agreement and obtain a refund for the unused portion.

 

INTELLECTUAL PROPERTY 

We own or have a license to use all Intellectual Property Rights in any Materials we may provide you throughout the performance of the Consultation Services. You must not use our Materials for any purpose other than for the purpose of this Agreement. Any Materials we provide you must not be reproduced, altered, or redistributed without our prior written permission which will be given at our absolute discretion and will be the subject of license fees. 

 

PUBLICITY

You must seek our prior written consent before any publication of information about our Consultation Services. 

 

LIMITED LIABILITY AND INDEMNITY 

To the extent permitted by law, our liability is limited, at our option to: 

  • the replacement of the services or the supply of equivalent services; or 
  • the payment of the cost of replacing the services or of acquiring equivalent services. 

You agree and acknowledge that we are not liable for any Loss or Damage which may result from the Consultation Services. In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice we have sent you that has been paid. 

You acknowledge, agree, and undertake to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in using our Consultation Services, and any third-party claims. 

 

TERMINATION 

We may, at our option and without prejudice to any of our rights, immediately terminate this Agreement where you default on any of our invoices, breach this Agreement, or commit an act of bankruptcy. Upon termination, you must pay us all accrued Consultation Fees owing up to the date of termination. 

 

FORCE MAJEURE

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event. 

 

IF THERE IS A DISPUTE 

If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative, or otherwise damaging will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs. 

 

THE GOVERNING LAW AND OTHER MATTERS 

This Agreement completely states the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements, and arrangements between the parties in respect of its subject matter. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. This Agreement is governed by the laws from time to time in force in the state of QLD Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of QLD for determining any dispute concerning this Agreement. 

  

 

DEFINITIONS: 

“Agreement” means these terms and conditions, and any Proposal we may provide you with. 

“Booking” means any booking for a consultation made with us for our Services. 

“Cancellation Fee” means the cancellation fee we charge you where you cancel with limited notice. 

"Claim" means any claim under statute, tort, contract or negligence, any demand, awards, or costs.
“Client” means you, the client making the Booking. 

“Consultation Fees” means the Consultation fees as further advertised on our website. 

“Information” is all information we require and may include any information you provide to us during the Services including but not limited to our patient questionnaire. 

“Intellectual Property Rights” means all trademark, copyright, design rights, patents, trade secrets, confidential information, and all other intellectual property rights whether registered or unregistered. 

“Loss or Damage” means any direct, indirect, consequential, or incidental loss or damage. It includes, but is not limited to any loss, personal injury, death, negligence, property damage, loss of enjoyment, virus or damage to your systems, or reliance on our Consultation Services. 

“Materials” means any copy, data, information, documents, plans, downloadable products, records, images, and includes, but is not limited to the lifestyle management plan.

“Representatives” means any of our employees, independent contractors, agents, consultants, advisors, and other representatives. 

“We, us, our” means Vitality Lifestyle Medicine Pty Ltd [ABN 77675934620] and includes any of our employees, agents, partners, and contractors.

 

WEBSITE TERMS AND CONDITIONS

 

Welcome to Vitality Lifestyle Medicine Pty Ltd [ABN 77675934620] and www.vitalitylifestylemed.com, our website. We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an "Agreement". If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement. We may also change, suspend or stop providing our website at any time. 

 

You must be 18 and over or have parental consent to use our website.

 

YOUR OBLIGATIONS WHEN USING OUR WEBSITE

 

To provide correct information and comply with the law

When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of QLD and Australia when you use our website, including, but not limited to, all our intellectual property and cybercrime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws.

 

To only make personal and non-commercial use of our Content

You agree that the copyright in all Content on our website is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing [email protected]. All trademarks on our website belong to their respective owners.

 

To use third party software, links etc at your risk

We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk, and you must direct any concerns regarding their products or services to them. We also provide access to third-party apps and software to enhance the functionality of our website. We have no control over those third-party apps and software, and do not make any warranties in relation to them. You use them at your own risk, and you must read and agree to their terms and conditions which govern your use of them.

 

To be respectful when posting

We encourage you to engage in online discussions in our community, however, we do not recommend that you include any personal information such as your email address or physical address in any posts. When you engage in discussions, your posts will not be confidential, and you must comply with our posting rules. You must not post any of the following, which is determined at our discretion: 

  • any disrespectful, inappropriate, offensive, threatening or abusive content; 
  • any content that breaches the rights of a third party (e.g. which is defamatory);
  • any content that impersonates any other person, or misleads us as to the origin of your posts; or 
  • any advertising, self-promotion or sales.

 

Where posts do not comply with these rules, or are otherwise objectionable, we may, but are not obliged to, remove them. You are solely responsible for all your posts. 

 

WE MAKE NO WARRANTIES OR GUARANTEES

We cannot represent, warrant or guarantee that:

  • our website will always be available, that your use will not be interrupted or that our website is free from viruses or secure; or
  • our Content is accurate, complete and current.

For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at [email protected] if you find any issues.

 

HEALTH TESTIMONIALS 

Any testimonials we publish on our website are individual experiences, reflecting real-life experiences of those that have used our products and/or services in some way or another. However, they are individual results and results may vary. We do not claim that they are typical results that all clients will generally achieve. The testimonials are not necessarily representative of all those who will use our products/services.

 

LIMITATION OF LIABILITY AND INDEMNITY

We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its Content. We are not responsible for any Loss or Damage suffered in connection with your use of our website, its Content, any interruptions, changes, suspension or termination of our website or any events beyond our control.

 

You indemnify us for any Claim arising out of or in connection with any third-party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.

 

OTHER

This Agreement is governed by the laws in QLD, Australia and the parties submit to the jurisdiction of the courts of QLD, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.

 

DEFINITIONS

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs. Content means any content on our website, and could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.

Loss or Damage means any loss or damage including, but not limited to, any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs. 

We, us, or our means Vitality Lifestyle Medicine Pty Ltd [ABN 77675934620] and includes any of our employees, agents, partners and contractors.