Website Terms and Conditions of Use


1. About the Website

1.1. Welcome to (the ‘Website’). The Website (the ‘Services’).
1.2. The Website is operated by Divine Balance® (ABN 86 084 545 360). Access to and use of the Website, or any of its associated Products or Services, is provided by Divine Balance®. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Divine Balance® reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Divine Balance®updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.


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 Divine Balance® in the user interface.


3. Copyright and Intellectual Property

3.1. The Website, the content and all of the related products of Divine Balance® are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Divine Balance®or its contributors.
3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Divine Balance®, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
Divine Balance® does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Divine Balance®.
3.3. Divine Balance® retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
to you.
3.4. You may not, without the prior written permission of Divine Balance® and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.


4. Privacy

Divine Balance® takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Divine Balance’s® Privacy Policy, which is available on the Website.


5. General Disclaimer

5.1. Nothing in the 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.
5.2. Subject to this clause 5, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Divine Balance® 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 content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5.3. Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Divine Balance® make any express or implied representation or warranty about the content or any products or content (including the products or content of Divine Balance®) 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 content, or any of its content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the content or any of the products of Divine Balance®; and
(d) the content or operation in respect to links which are provided for your convenience.


6. Limitation of liability

6.1. Divine Balance’s® total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
6.2. You expressly understand and agree that Divine Balance®, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
6.3. You acknowledge and agree that Divine Balance® holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.


7. Termination of Contract

7.1. If you want to terminate the Terms, you may do so by providing Divine Balance® with days’ notice of your intention to terminate by sending notice of your intention to terminate to Divine Balance® via the ‘Contact Us’ link on our homepage.
7.2. Divine Balance® may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Divine Balance® is required to do so by law;
(c) Divine Balance® is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by Divine Balance®, is in the opinion of Divine Balance®, no longer commercially viable.
7.3. Subject to local applicable laws, Divine Balance® reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Divine Balance’s® name or reputation or violates the rights of those of another party.
7.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Divine Balance® have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.


8. Indemnity

8.1. You agree to indemnify Divine Balance®, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.


9. Dispute Resolution

9.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
9.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
9.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 15 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in New South Wales, Australia.
9.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
9.5. Termination of Mediation:
If 60 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.


10. Venue and Jurisdiction

The Services offered by Divine Balance® is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.


11. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.


12. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.


13. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.


14. Lay buy

The following principles make up the terms and conditions for any lay buy contract and related transactions entered into between Divine Balance® and their customers.
14.1. A record of payments transaction history will always be available for both Divine Balance® and customer covering the deposit paid, the lay buy period, frequency of payments required, the payment amount required per instalment, and a full record of all payments made to date (amount and date on which made).
14.2. Product’s on lay buy will be set aside and stored separately to other products. Products will be clearly identified as ‘lay buy’ products by a number or some other identification for the customer.
14.3. Lay buy terms will be 6 months from the date of purchase, unless otherwise agreed to by the merchant and the customer. Product(s) will be returned to stock if payments are not received in this time frame. Divine Balance® is under no obligation to return monies paid to the customer in this case.
14.4. In the event that the customer cancels the lay buy transaction, they will incur a $30 cancellation fee. Divine Balance® shall then refund to the customer within 14 days, their money paid minus the cancellation fee.
14.5. If the products are no longer available, Divine Balance® must cancel the lay buy and refund all monies to the customer.
14.6. Divine Balance® will only dispatch the customers’ product(s) after receiving the final instalment payment for the lay buy.


15. Breakages

Customers causing damage or breakage to any of their items—whether for sale, or reserved as healing tools—must be paid for.


16. Refunds and returns

Divine Balance® will provide a refund, replacement, or repair if:
16.1. The item is faulty or damaged
16.2. The customer was sent the wrong item
16.3. The customer was sent the wrong size
16.4. The item doesn’t work as a reasonable person would expect it to work eg, the magnetic hematite spheres aren’t actually magnetic.
16.5. The item is significantly different from the product images and description

Divine Balance® will NOT provide a refund if:
16.6. The customer changed their mind
16.7. The customer found the product cheaper at another store
16.8. The customer doesn’t like it
16.9. The customer bought the wrong size
16.10. The product has a fault that the customer knew about before the purchase—for example damaged stock. This includes instances where the fault was listed in the description.

Should an item need to be returned, the customer needs to contact Divine Balance® to arrange this. Should the product be faulty, Divine Balance® will cover the cost of shipping.


17. Shipping

Shipping of items purchased online is via Australia Post, and the charges will be provided at the time of the sale. Parcels will be shipped within 2 days of the sale, and can take 3 to 5 days to arrive depending on the customers’ location.


18. Cancellation of an appointment

To avoid cancellation charges, we request a minimum of 72 hours notice for cancellation. This allows time to offer your appointment to a client on the waiting list.

A 100% cancellation fee may be charged if you do not show up for your appointment. This is done in fairness both to clients who would otherwise have wanted the appointment and to the therapist, who is not paid if they do not perform the session. As a courtesy to everyone, we thank you for being prompt. Late arrivals can only be extended to the time remaining in the scheduled session.

Please advise us ASAP if you have a communicable infection or viral condition, for example, cold, flu, pneumonia, contagious skin disease, nits, lice, scabies etc as we must maintain a high standard of cleanliness for ourselves, our clients, and our healing space. With enough notice, we can reschedule your appointment. However, we reserve the right to refuse to treat you if you arrive for your appointment with any of the aforementioned, and in this case we would not be able to offer a refund, as per our cancellation policy.


19. Conditions of attending your appointment

We cannot treat clients who are under the influence of alcohol or drugs. If you are currently suffering a serious mental health condition, we would prefer that you seek the assistance of a trained mental health professional who can guide you at this sensitive time.