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Melissa Luxmoore
Purchase Terms and Conditions – Microbiome Renovation Package
Thank You for choosing Melissa Luxmoore!
These Terms and Conditions govern your purchase.
By clicking “accept” You agree to these Terms and Conditions.
1.2.Access to and use of the Website, or any of its associated products and services is provided by Melissa Luxmoore.
1.3.The Website provides you with an opportunity to browse and purchase the Microbiome Renovation package, which comprises a 6-month gut renovation including a microbiome test kit with analysis, advice and support (the ‘Services’). The Services do not include the cost of a second microbiome test kit if you wish to undertake testing again and does not include the cost of any supplements you are prescribed. The second microbiome test kit and any supplements must be purchased separately.
1.4.The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.5.You have agreed to purchase a Service through the Website (‘Service’).
1.6.These Terms and Conditions (‘Terms’) are to be read in conjunction with the payment page (‘Payment Page’) and Service information page (‘Information Page’) of the Website.
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 Melissa Luxmoore in the user interface.
3.1.When purchasing the Service, you will be required to provide personal information such as your full name, password and e-mail address.
3.2.You agree that all details that you have provided in completing the purchase are true and correct.
4.1.Melissa Luxmoore requires all bookings for the Service to be made via the booking system provided (the ‘Booking System’). A link to the booking system will be provided by email to you once you have completed your purchase of the Service.
4.2.If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System.
4.3.In using the Purchase Services to purchase the Service through the Website, you will agree to the payment of the Purchase Price listed on the Website for the Service.
4.4.Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (the 'Payment Gateway Providers').
4.5.In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
4.6.Following payment of the Purchase Price being confirmed by Melissa Luxmoore, you will be issued with a receipt to confirm that the payment has been received and Melissa Luxmoore may record your purchase details for future use. You will also be sent an email that contains a link to the Booking System.
4.7.You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
4.8.Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
5.Rescheduling, Terminations and Refunds
5.1.You must notify Melissa Luxmoore of an intention to reschedule any part of the Services as soon as practicable through e-mail to melissa@melissaluxmoore.com and abide by the following (‘Rescheduling Policy’).
5.2.Melissa Luxmoore understands that things change, and therefore if you need to make a request to reschedule your consultation time you agree to provide at least 5 business days’ notice. Unfortunately, if you have to make changes within 5 days of your scheduled consultation, you will forfeit the consultation, and no refund will be provided.
5.3.If you cancel a consultation and do not reschedule, you will forfeit the consultation and no refund will be provided.
5.4.Melissa Luxmoore may change the Rescheduling Policy at any time without notice and bookings made in advance of the change will not be affected.
5.5.To terminate your involvement in the Services, you must notify Melissa Luxmoore of an intention to terminate as soon as practicable through e-mail to melissa@melissaluxmoore.com and abide by the following (‘Termination Policy’).
5.6.The Services are non-refundable. If you have purchased the Services and wish to terminate your involvement early, the Fees are non-refundable.
5.7.Melissa Luxmoore will only provide you with a refund of the Fees in the event that Melissa Luxmoore is unable to continue to provide the Services (the 'Refund').
5.8.Melissa Luxmoore may change the Termination Policy at any time without notice and bookings made in advance of the change will not be affected.
6.Warranty
6.1.Melissa Luxmoore will use her best efforts and take all reasonable steps to help you achieve your desired results. However, Melissa Luxmoore makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.
6.2.The services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel the Terms with Melissa Luxmoore, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
7.Services Disclaimer
7.1.You are solely responsible for creating and implementing your own physical, health, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from your use of the Services. As such, you agree that Melissa Luxmoore is not and will not be liable or responsible for any actions or inaction, including effects on your personal life or for any direct or indirect result of any Services provided by Melissa Luxmoore.
7.2.You understand that the Services are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Services are not to be used as a substitute for professional psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.
7.3.You agree to release and discharge Melissa Luxmoore from and against all claims arising out of or in connection with provision of the Services. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received a Service from Melissa Luxmoore.
Melissa Luxmoore’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.
9.Copyright and Intellectual Property Rights
9.1.Intellectual Property Rights
(a)You agree that any works, documentation, materials, content of the Services, or information of whatever nature produced or developed by Melissa Luxmoore or under Melissa Luxmoore's direction pursuant to or in the course of providing the Services will remain the sole and complete property of Melissa Luxmoore, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
(b)There is no assignment of Intellectual Property Rights by Melissa Luxmoore to You pursuant to these Terms.
(c)Nothing in these Terms affect the Moral Rights in any works, items, materials or information supplied pursuant to these Terms.
9.2.Indemnification
You hereby indemnify and agree to keep indemnified Melissa Luxmoore against all liability, losses or expenses You incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.
10.Mailing List and SMS List Registration
10.1.You will be given the option to register for the Melissa Luxmoore Mailing List (the 'Mailing List') and SMS List (the ‘SMS List’).
10.2.As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a)Email address
(b)Name and address
(c)Mobile phone number
These Terms are governed by the laws of Queensland, Australia. In the event of any dispute arising out of or in relation to the Purchase Services or the Course, Melissa Luxmoore agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Queensland, Australia.
Any provision of these Terms which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provisions in any other jurisdiction.
You agree that any testimonials that may be provided by You from time to time may be used by Melissa Luxmoore for marketing purposes.
Both You and Melissa Luxmoore confirm and acknowledge that these Terms, Information Page, Payment Page and Website Terms and Condition of the Website constitute the entire agreement between You and Melissa Luxmoore and shall supersede and override all previous communications, either oral or written, between the parties.
Both parties confirm and agree that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice before agreeing to these Terms.
