Terms of Use

Thank you for choosing Azurely Wellness (ABN 27 357 650 748) (“Azurely Wellness”, “we”, “us”, “Service”, “Services”). It is important to us that you understand these Terms and Conditions of use (“Terms of Use”, “Terms”) which relate to your use of our Services when you engage with us in person or online at www.azurelywellness.com.au (“Site”), as you are agreeing to be bound by these Terms by using our Site, associated applications and associate social media platforms or any of our Services.  We reserve the right to update and change these Terms of Use without notice, and these Terms are to be used in conjunction with our Privacy Policy.

Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Online Booking and Payments

·  When you make a booking online, you agree that an approval process may take place which can take up to 24 hours before we send you a booking confirmation;

·  Online bookings may require up to a 50% deposit using your debit/credit card details to secure your appointment. This is not a charge for your treatment nor does it represent the full payment;

·  Refer to Cancellation Policy below, as we reserve the right to charge your card in the event of failure to attend your appointment;

·  Add-on Treatments must be redeemed with a full priced treatment and cannot be redeemed as a standalone treatment;

·  Payments for services and products are to be made in full at the time of the Service or purchasing of products; and

·  Health Fund Rebates can be processed in-clinic with our HICAPS machine for remedial massages. Alternatively, we can provide you with an invoice for you to personally claim through your Health Fund Provider online or in-person.

Provision of Services and Products

· We reserve the right to implement new services, features, products or change current services, features or products. This includes changing the pricing for them at any time. If you are unhappy with a change of pricing, you are entitled to discontinue receiving our treatments;

· We aim  to provide clients with advance notice of pricing changes on the Site, in the clinic or through social media applications;

·  Products we make available for purchase, including samples, are for personal use only. These products acquired though us must not be resold or redistributed;

·  We reserve the right to refuse or reduce the quantity of products purchased that we believe are for the purpose of resale. This includes, where prohibited by law, we may limit the number of Products and Treatments available by any one customer, so that many customers as possible may enjoy our Products and Treatments;

·  Risk passes to you upon payment of the goods and services; including damage incurred during shipping, and we do not facilitate refunds from third party suppliers for change of mind for products so please choose carefully;

· You are responsible for checking the ingredients to avoid potential allergic reactions. You hereby acknowledge that Azurely Wellness and all of its related affiliates and associates shall not be liable for any issues relating to an allergic reaction you suffer as a result of our Products or Treatments; and

·  In the unlikely event that you experience a side effect, we require up to 12 weeks to investigate your concern. We take pride in our experience and are trained to the highest standard, and require your full co-operation during this time, which may include further consultations for assessments.

Gift Vouchers

· Only one gift voucher can be used per appointment;

· Each gift voucher will have a unique reference number whether purchased online or in-clinic, this number must be quoted at the time of booking your appointment;

· Gift vouchers must be presented at the time of payment for your treatment;

· Gift vouchers are redeemable only for products and treatments sold by us and only prior to the date of expiry;

· Gift vouchers expire 36 months after the date of purchase and will be void and no longer redeemable after this date;

· Any gift vouchers distributed by us as a promotional campaign offer may have a shorter expiry date than 36 months;

· Gift vouchers cannot be redeemed for cash, returned for a refund or be replaced after expiry;

· Gift vouchers must be handled with care. We will not redeem or replace any damaged or defaced gift vouchers; and

· Purchases costing more than the gift voucher amount will require you to pay the difference to make up the full amount of the purchase.

Children Visiting Azurely Wellness

·  Children under the age of 16 must be accompanied by a parent/guardian while in the clinic;

·  Because we do not have childcare services available, parent/guardians must take full responsibility for the supervision of their own children in the clinic;

·  While we do offer children’s massage, their appointments must be booked and consulted with us by a parent/guardian;

Cancellation Policy

We understand that time is valuable and hold a strict cancellation policy to ensure that times are readily available for clients who need to see us urgently and may be on a waiting list.

​Please ensure any cancellations are made 24 hours prior to your booked appointment. Cancelling with less than 24 hrs notice, will result in a fee of 50% of the treatment cost. 

Failure to show up for your appointment will result in a cancellation fee for the FULL amount of your treatment.

Arriving late to your appointment that we have reserved for you will result in your treatment time being reduced, and the full treatment amount will be charged. Your therapist will determine whether it is feasible to continue the session or cancel the appointment if there is a late arrival, with full payment still required.

​Please contact us for any questions or concerns relating to this cancellation policy at contact@azurelywellness.com.au

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General Terms

·  You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from failure to comply with this security obligation;

·  You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws);

·  You must provide your legal full name, a valid email address, and any other information requested in order to complete a booking or purchase;

·  All personal information you provide to us will be treated in accordance with our Privacy Policy;

·  We reserve the right to change or discontinue a service or feature of the Site in whole or in part at any time;

·  While we endeavour to ensure that the Site is available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to this Site may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control;

·  If you are under 18 years of age, you cannot place orders or make bookings through this Site. By using this Site you represent and warrant to us that you are over the age of 18 years. Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians;

·  We request that you advise us of any issues you are having with your treatment, and advise us immediately if you have sustained injury prior to, during or immediately after receiving any Services; and

·  Verbal, physical, written or other abuse (including threats of abuse or retribution) to us, or any Service customer, or our employee/s will result in immediate discontinuation of services provided.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to our Site, which we would consider inappropriate, or which might bring us or our Site into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b)  using our Site to defame, harass, threaten, menace or offend any person;

(c)  interfering with any user using our Site;

(d)  tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(e)  using our Site to send unsolicited email messages; or

(f)   facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business. 

No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own Site or any other platform, without obtaining a licence to do so from us.

Intellectual Property rights: All contents included in our clinics or on our website, including without limitation text, icons and graphics are owned or licensed by us or our suppliers and are protected by Australian and International intellectual property laws. All Product, Treatment and company names and logos mentioned in our clinics or on our website are the trademarks, Treatment marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of using it as an information resource in connection with our Treatments. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including, but not limited to, text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so. Nothing in these terms and conditions constitutes a transfer any intellectual property rights.

Third party sites: Our Site may contain links to Sites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those Sites.  You should make your own investigations with respect to the suitability of those Sites. 

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.   

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Complaints and Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of Queensland (Australia). You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland (Australia) and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

Contact Information

Azurely Wellness, ABN 27 357 650 748

Email: contact@azurelywellness.com.au

Phone: 0438 175 570