Terms & Conditions | HELEN SHAYLOR

Website Terms of Use

Terms and Conditions

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I am: Helen Shaylor trading as Helen Shaylor (“HS”, “I”, “my”, “we”, “us" etc), a registered naturopath in Australia.

These are the terms and conditions regulate the business relationship between you and me. By using HS Website in anyway, or make an order for Services, you agree to be bound by them.

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy Services on your behalf.

You are: a visitor to HS Website/my customer.

The terms and conditions:

1. Definitions

In this agreement:

“Content” means any content in any form published on HS Website by HS or any third party with her consent.

“Documentation” means the instruction manuals, user guides and other documentation agreed to be written by you.

"Intellectual Property" means intellectual property owned by me, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; detailed and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.

“HS Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by me. It includes all of the web pages owned by myself.

“Price” means the price for my Services as set out on HS Website.

“Services” means all of the services available from HS Website, whether free or charged.

2. Interpretation

In this agreement unless the context otherwise requires:

a reference to a person shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
in the context of permission, “may not” in connection with an action of yours, means “must not”.
the headings to the paragraphs to this agreement are inserted for convenience only and do not affect the interpretation.
any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated $100 per hour.
these terms and conditions apply to all supplies of Services by me. They prevail over any terms proposed by you.
this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3. My Contract with you

In entering into this contract, you have not relied on any representation or information from any source except the definition and explanation of the Services given on HS Website.
Nothing in this agreement shall create a partnership, agency or other relationship between the parties, other than the contractual relationship expressly provided for in this agreement.
If you use HS Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
Subject to these terms and conditions, we agree to provide to you some or all of the Services described on HS Website at the Prices we charge from time to time.
You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services you intend to buy are suitable and satisfactory for your requirements.
The contract between us comes into existence only when I write to you to confirm that we agree to provide to you the Service you want. Your payment does not create a contract. If I decline to provide a Service, I shall immediately return your money to your credit card.
I do not offer the Services in all countries. I may refuse to supply a Service if you live in a country we do not serve.
Subject to all the terms in this agreement, I authorise you to access and use HS Website and to download and print a small part of the content. This licence is conditional not only on your compliance with all of the terms of this agreement, but also on your using the Content only as intended by me, for your use in connection with the Services.
Some of my Services are now or may in future, be available to you only subject to additional terms. Those terms will be set out on HS Website. You now agree that if you choose to use any such service, the relevant terms will become part of this agreement.
If I give you free access to a Service or feature on HS Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
I may change this agreement and / or the way we provide the Services, at any time. If I do:
1. the change will take effect when we post it on HS Website.
2. you agree to be bound by any changes. If you do not agree to be bound by them, you should not use HS Website or the Services.
Our contract terminates on the earliest of:
1. My completion of Service for which you have paid me. If there is any doubt as to when this is, or was, then my decision is final;
2. our having worked for the amount of time for which you have paid me, even if the Service is unfinished.
There is no contract between me for any free Service, so you do not become a client by using any free Service and I am are not liable to you in any way resulting from your use of any free Service.
Services will be delivered by your free download, by e-mail or by both of these, at my choice.
You agree that you are bound by these terms (or the latest version of them) for all future contracts with me, whether ordered through HS Website or in some other way.

4. Price and payment

Prices for business Services are exclusive of any applicable goods and services tax or other sales tax. Prices for Services which you may buy as an Australian consumer are inclusive of GST.
The Price of any Service may be changed by us at any time. But we will never change a Price so as to affect the Price charged to you at the time when you buy a Service.
Charges for Services are fixed whenever it is reasonably possible for us to ascertain the price.
When we do not provide fixed charges for the Service, we will charge by the hour. In that case all work done, including all Documentation, letters, e-mails, and telephone calls made and received will be charged on a time basis in minimum units of one tenth of an hour.
Estimates of charges will be provided to you wherever possible.
Payment will be due to me within 24 hours on your receipt of my invoice.
Payment may be made by credit card to myself, or by transfer to my bank account.
It is possible that the Price may have increased from that posted on HS Website. If that happens, I will not provide the Services until you have confirmed that you wish to order at the new price.
Bank charges by the receiving bank on payments to myself will be borne by me. All other charges relating to payment in a currency other than Australian dollar will be borne by you.
Any details given by me in relation to exchange rates are approximate only and may vary from time to time.

5. Security of your credit card

We take care to make HS Website safe for you to use.

If you have asked us to remember your credit card details in readiness for your next purchase, I will securely store your payment details on our systems. These details will be fully encrypted and only used to process your transactions which you have initiated.

6. Service provision

The Services are listed and described on HS Website. I will contact you to tell you what help I need from you and when we will meet.
In order to provide the Services, I need specific help from you, as follows:
1. Completed intake form
2. Copies of recent pathology results
I will discuss with you your state of health and the possible natural therapies based on the information that you have disclosed.
I will initiate action only after you have communicated your decision to proceed with any treatment and only after your assurance that you have a complete understanding of the situation, and the risks associated with the decision at hand.
I will also advise you on any significant risk which will affect the judgement of an intelligent, and reasonable client. You always have the right to refuse any proposed treatment approach in its entirety or any part.
The provision of my Service relies on a schedule of work. If you are unable to provide me with acceptance or information, I require for a period which extends the agreed timescale then I am entitled to payment in accordance with the schedule in any event.
My Services will be delivered by in person or by e-mail or by zoom or by some/all of these, at my choice.
If I am are not able to provide you Services within 10 days of the date of your consultation, I shall notify you by e-mail to tell you the likely provision date.
Subject to the provisions set out in paragraph 5; once Service provision has started, you may cancel the outstanding Services at any time on giving me 48 hours’ notice. Payment will be due until the expiry of the notice period.
You may not share or allow others to use the Services in your name.

7. Foreign taxes, duties and import restrictions

If you are not in Australia, I have no knowledge of, and no responsibility for, the laws in your country.
You are responsible for purchasing Services which you are lawfully able to import or use and for the payment of import duties and taxes of any kind levied in your country.

8. Dissatisfaction with the Services

Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Service, please tell us via email at the earliest opportunity:
1. exactly why you think we have failed;
2. the date, if relevant, of the failure;
3. when and how you discovered the failure;
4. the result of the failure;
5. your suggestion as to an action we should take to resolve the situation and restore your faith in us.

9. How we handle your Content

Our privacy policy is strong and precise. It complies fully with current privacy laws which is at https://www.helenshaylor.com.au/privacy-policy

10. Security of Our Website

If you violate Our Website, we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
download any part of Our Website, without our express written consent;
collect or use any product listings, descriptions, or prices;
collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
share with a third party any login credentials to Our Website.
Despite the above terms, we now grant a licence to you to:
1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you’re not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
2. you may copy the text of any page for your personal use in connection with the purpose of Our Website.

11. Confidentiality

Both parties are aware that in the course of providing Services to you either of us will have access to and be entrusted with information in respect of the business and operation of the other and their dealings, transactions and affairs, all of which information is or may be confidential.
We both now undertake for ourselves and every employee, or sub-contractor whose services we may use both during and after completion of the Service, that we will not divulge to any person whatever or otherwise make use of (and will use their best endeavours to prevent the publication or disclosure of) any trade secret or confidential information.
Each of us now undertakes to the other to make all relevant employees, agents and sub-contractors aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as will from time to time be necessary to ensure compliance by its employees, agents and sub-contractors with these provisions.
Each of us now undertakes to the other that for the period of 12 months following completion of the Services they will not directly or by an agent or otherwise and whether for themselves or for the benefit of any other person induce or endeavour to induce any officer or employee of the other to leave his employment.
The provisions of the last previous sub paragraph will not apply to either of us if the other becomes subject to bankruptcy, receivership or liquidation proceedings.

12. Intellectual Property

You agree that at all times you will:

not cause or permit anything which may damage or endanger our title to the Intellectual Property;
notify us of any suspected infringement of the Intellectual Property;
indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
on the expiry or termination of this agreement immediately stop using the Intellectual Property except as expressly authorised by us in writing;
not use any name or mark similar to or capable of being confused with any name or mark of ours.
so far as concerns software provided or made accessible by us to you, you will not:
1. copy, or make any change to any part of its code;
2. use it in any way not anticipated by this agreement;
3. give access to it to any other person than you, the licensee in this agreement;
4. in any way provide any information about it to any other person or generally.
not use the Intellectual Property except directly in our interest.

13. Disclaimers and limitation of liability

The law differs from one country to another. This paragraph applies so far as the applicable law allows.
All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph will be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
I do not practice medicine and I do not diagnose nor treat diseases or medical conditions. My services are not intended to be a replacement for or substitute for those of a licensed physician. I advise you, if needed, to be under the care of a licensed physician and encourage open communication between myself and your current medical practitioner. I do not handle medical emergencies of any kind and refer people as such to contact their local hospital. I will not provide you any medical or other professional advice or opinion as a result of web-based consultation with me.
If you provide personal health information to me in the course of a consultation, the consultation shall not involve or constitute the practice of medicine or any other profession. It will not create a physician- patient relationship between us, and is not intended to be a substitute for a physical examination and face-to-face consultation with your personal physician.
All matters regarding your health require medical supervision by a healthcare professional selected by you. You and your personal health care providers shall have exclusive authority and control over your health and health care, including all diagnosis, treatment and other determinations related thereto, and nothing discussed in a consultation between us is intended to or shall influence, restrict or interfere with your personal healthcare providers’ exercise of independent clinical, medical or professional judgement in providing healthcare services to you.
Subject to this you undertake that I shall not be liable or responsible for, and you hereby release me from any loss, claim, liability or damage allegedly arising from any information or suggestion made during any consultation between us or from any material or content found in HS Website.
HS Website and Services are provided “as is”. I make no representation or warranty that the Service will be:
1. useful to you;
2. of satisfactory quality;
3. fit for a particular purpose;
4. available or accessible, without interruption, or without error.
I make no representation or warranty and accept no responsibility in law for:
1. accuracy of any content or the impression or effect it gives;
2. delivery of content, material or any message;
3. privacy of any transmission;
4. third party advertisements which are posted on HS Website or through the Services;
5. the conduct, whether online or offline, of any user of HS Website or the Services;
6. failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services;
7. any act or omission of any person or the identity of any person who introduces themselves to you through HS Website;
8. any aspect or characteristic of any goods or services advertised on HS Website;
You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12-month period for the Services concerned.
Except in the case of death or personal injury, our total liability under this agreement, however it arises, will not exceed the price of services. This applies whether your case is based on contract, tort or any other basis in law.
We will not be liable to you for any loss or expense which is:
1. indirect or consequential loss; or
2. economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input but do not guarantee to agree with your judgement.

14. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

your failure to comply with the law of any country;
your breach of this agreement;
any act, neglect or default by any agent, employee, you or your customer.

15. Termination

This agreement may be terminated:
1. when the Service has been delivered to you.
2. immediately by us if you fail to pay any additional sum due within 35 days of the date of submission of an invoice;
3. immediately by either party if the other commits any material breach of any term of this agreement and which in the case of a breach capable of being remedied is not remedied within 30 days of a written request to remedy it;
4. immediately by either party if a trustee receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of an amalgamation or reconstruction) unless an application has been made under the Treasury Laws Amendment (2017 Enterprise Incentive No.2) Act 2017.
Termination of this agreement by this paragraph will be without prejudice to any other rights or remedies to which a party may be entitled.

16. Miscellaneous matters

Our privacy policy is strong and precise. It complies fully with the current privacy law which is at https://www.helenshaylor.com.au/privacy-policy
You undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it will be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it will be binding in that changed or reduced form. Subject to that, each provision will be interpreted as severable and will not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement will pass to any permitted successor in title.
If you are in breach of any term of this agreement, we may:
1. terminate your account and refuse access to HS Website;
2. remove or edit content, or cancel any order at our discretion;
3. issue a claim in any court.
Any obligation in this agreement intended to continue to have effect after termination or completion will so continue.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
When you visit HS Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on HS Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
Any communication to be served on either part by the other will be delivered by hand or sent by express post or recorded delivery or by e-mail. It will be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 72 hours of posting; if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

10. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

11. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.

12. Neither party will be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.

13. The validity, construction and performance of this agreement shall be governed by the laws of the State of Western Australia and you agree that that any dispute arising from it shall be litigated only in that State.