TERMS AND CONDITIONS

PART 1: GENERAL TERMS AND CONDITIONS

1. INTRODUCTION

(a) These terms and conditions (Terms) apply:

(i) when you use Sahha Wellness’ website located at https://sahhawellness.com/ (Website), as set out in part 2; and
(ii) when you use the Website to offer to purchase the reiki session, chakra balancing services, cooking classes or other services that Sahha Wellness provides (Services), or use the website to offer to purchase goods offered for sale on the Website (Goods) as set out in part 3.

(b) You agree to be bound by these Terms which form a binding contractual agreement between you and us, being Sahha Wellness (a registered business name of Vanessa Farrugia ABN 22 908 826 113) (Sahha Wellness, our, we or us).

(c) We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by these Terms as amended.

2. GENERAL

(a) (Governing law) This agreement is governed by the law applying in New South Wales, Australia.

(b) (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

(c) (Amendments) These Terms may only be amended by Sahha Wellness in accordance with the Terms.

(d) (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

(e) (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.

(f) (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.

(g) (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.

(h) (Interpretation) In these Terms, the following rules of interpretation apply:

(i) (singular and plural) words in the singular includes the plural (and vice versa);
(ii) (gender) words indicating a gender includes the corresponding words of any other gender;
(iii) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(iv) (person) a reference to “person” or ”you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(v) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(vi) (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
(vii) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
(viii) (headings and parts) headings and parts, and words in bold type, are for convenience only and do not affect interpretation;
(ix) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(x) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.  

PART 2: WEBSITE TERMS AND CONDITIONS

1. ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these Terms and any applicable laws.

2. YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Sahha Wellness;

(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Services;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact the reputation of Sahha Wellness, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.

3. INFORMATION ON THE WEBSITE

(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.

(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

4. INTELLECTUAL PROPERTY

(a) Sahha Wellness retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Sahha Wellness or as permitted by law.

(c) In this clause 4, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, Sahha Wellness, Sahha Wellness and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

5. THIRD PARTY TERMS AND CONDITIONS

(a) The Customer acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply.

(b) The Customer agrees to any Third Party Terms applicable to any third party goods and services, and Sahha Wellness will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.

6. LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for that content.

(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

7. SECURITY

Sahha Wellness does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

8. REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

9. PRIVACY

You agree to be bound by Sahha Wellness’ Privacy Policy, which can be found here.

PART 3: GOODS AND SERVICES TERMS AND CONDITIONS

1. OFFER TO PURCHASE

(a) By offering to purchase Goods or booking services using the Website's functionality (Purchase Order) you represent and confirm that you:

(i) have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) are authorised to use the debit or credit card included in your order.

(b) Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Goods or Services you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and confirmed we will provide the relevant Goods or Services.

2. PAYMENT

(a) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Services in full prior to Sahha Wellness providing the relevant Goods or Services. Sahha Wellness will have no obligation to provide any Goods or Service until full payment has been received in respect of the Goods or Service.

(b) (GST) Unless otherwise indicated, amounts stated on the Website do include GST. In relation to any GST payable for a taxable supply by Sahha Wellness, you must pay the GST subject to Sahha Wellness providing a tax invoice.

(c) (Card surcharges) Sahha Wellness reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).

(d) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Services. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(e) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment. 

3. DELIVERY AND SHIPPING

(a) (Delivery) For Goods to be delivered, Sahha Wellness may charge you for delivery at any time (notwithstanding that it may not have perviously done so). Where prices are stated as inclusive of delivery is to the delivery point specifically accepted by Sahha Wellness.

(b) (Shipping) All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

4. TITLE AND RISK

(a) (Title) Until the price of Goods is paid in full, title in those Goods is retained by Sahha Wellness.

(b) (Risk) Risk in the Goods will pass to you on delivery. Delivery must not be refused by you.

5. CUSTOMS AND DUTIES

Sahha Wellness reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.

6. SERVICES - CANCELLATION BY US

We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

7. SERVICES - CANCELLATION BY YOU

If you need to cancel a booking for a reiki service, chakra balancing service, cooking class or other appointment made through the website, you must provide Sahha Wellness with notice 24 hours in advance, made in writing to hello@sahhawellness.com.

If you do so, we will either (at your option) issue you with a full refund (excluding any transaction or other credit card fees) or reschedule your appointment. If you provide less than 24 hours notice, you will not be entitled to any refunds. For any other Services offered through the Website, we generally will not provide refunds.

8. GOODS - RETURNS & EXCHANGES

(a) Returns of Goods will only be accepted if:

(i) The Goods are faulty and you comply with the provisions of this clause; or

(ii) The Goods are new, unused and tagged (if applicable) (Original Condition);

(iii) The Goods are returned within 10 business days of you receiving it; and

(iv) We agree in writing to accept return of the Goods.

(b) (Change of mind return) We do not accept change of mind returns.

(c) (Faulty Products) If you believe your Goods are faulty, please contact us using the details provided on our website with a full description of the fault (including images if possible). If we determine that your goods may be faulty, we will request that you send the product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the product. We reserve the right to further inspection before deeming a product faulty.

If we determine in our reasonable opinion that the product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return and send the product back to you at your own cost.

If we determine that the product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless your request otherwise and we approve this request.

If you fail to comply with the provisions of this clause in respect of defective Goods, we may, in our discretion, issue only a partial refund or no refund in respect of such defective goods, provided that nothing in this clause is intended to limit the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

9. DISCLAIMERS

Sahha Wellness will provide the Goods or Services you have booked and paid for via the Website, subject to the following:

(a) You hereby acknowledge and understand that Sahha Wellness’ role is not to provide health care or health services, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body.

(b) You understand and acknowledge that neither Sahha Wellness nor any of Sahha Wellness’ personnel are acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and that any advice given by Sahha Wellness is not meant to take the place of advice by these professionals.

(c) If you are under the care of a health care professional or currently use prescription medications, you should discuss any dietary changes or potential dietary supplements use with your doctor, and should not discontinue any prescription medications without first consulting your doctor.

(d) You have chosen to work with Sahha Wellness’ on this basis and understand that information you receive from Sahha Wellness’ should not be seen as medical advice and is not meant to take the place of seeing licensed health professionals.

(e) Sahha Wellness may request you to sign a disclaimer before providing you with ay Services. Once executed, this disclaimer is incorporated into and forms part of this agreement. If you do not sign the disclaimer, Sahha Wellness may cancel your order provided that Sahha Wellness promptly refunds to you any money you have paid for Services you have not received as at the time of cancellation.

10. PRIVACY

You acknowledge that Sahha Wellness may request and use your health information for the purpose of providing Services to you and consent to this use of your health information.

11. LIABILITY

(a) To the maximum extent permitted by applicable law, Sahha Wellness excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to these Terms or any goods or services provided by Sahha Wellness.

(b) All express or implied representations and warranties in relation to Goods or Services provided by Sahha Wellness are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Sahha Wellness’ liability for breach of that non-excludable condition, warranty or guarantee will, at Sahha Wellness’ option, be limited to:

(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

(c) (Indemnity) You indemnify Sahha Wellness and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’ use of any Goods or Services.

(d) (Consequential loss) Under no circumstances will Sahha Wellness be liable for any incidental, special or consequential loss or damages, or damages for loss of data, Sahha Wellness or Sahha Wellness opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with these Terms or any goods or services provided by Sahha Wellness.