Website Terms and Conditions

Welcome to our website! This website, www.bloomhealthclinic.au is owned and operated by Bloom The Mothers Collective PTY/LTD (ACN: 654 807 717). If you have any questions or need further information, please reach out to Jessica Tollemache admin@bloomhealthclinic.au.

This document sets out the Terms and Conditions you need to be aware of when using this website or purchasing from Bloom Health Clinic. Please take a moment to read it, as it sets out the terms of our relationship so that we may benefit from clear boundaries and knowing what to expect from each other.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to lindenclinicalpsychology.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

When you visit this website, use our services, or purchase our products, you agree that you are over the age of 18 and willing to be bound by these Terms & Conditions. If you don’t agree, you should not continue to visit this website or purchase anything from us.

All products and services advertised on this website are offered in compliance with Australian Consumer Law.

These Terms & Conditions may be changed or modified from time to time. Please check back regularly to ensure you are aware of any changes.

There may be additional, specific terms of purchase/service provided to you in relation to our products/services/training/courses/workshops. If there is any inconsistency between this document and those specific terms of service, these Website Terms & Conditions are overruled to the extent of the inconsistency.

Amendment of Terms

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and bloomhealthclinic.au’s rights and obligations to each other.

Limitation of Liability

It is an essential pre-condition to you using our website that you agree and accept that bloomhealthclinic.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

We do not make any guarantees or warranties about the accuracy of any material displayed on this website, or the products, services, or programs offered through it, except for any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law. We are human and errors creep in despite the best of intentions. If you see something that doesn’t seem right, please let us know.

Loss or Damage

While we make all reasonable efforts to ensure that this website and our services and products meet with the highest standards of best practice, if something does go wrong that is not a direct result of our negligence, misrepresentation or deliberate fault, you agree that, to the fullest extent permitted by law, we will not be liable for any loss or damage arising out of or related to our website, any products or services purchased through it, or any material posted on it, irrespective of whether such damages were foreseeable, and regardless of the nature of the claim.

Liability for Advice

You take full responsibility for your implementation of any suggestions that we may make while providing my services. You understand that our advice is limited to providing you with options for your consideration, and that you are solely responsible for any actions that you choose to take. Always consult your own values and vision, do your own research, and check with appropriately qualified professionals before making major decisions or making significant changes. You agree to indemnify us against all consequences arising directly or indirectly from your choices.

Cap on Damages

You expressly agree that if this indemnity is unenforceable for any reason, our total cumulative liability for all causes of action of any kind shall not exceed the amount that you have paid to us.

Competition and Consumer Act

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), bloomhealthclinic.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

General Disclaimer

To the fullest extent permitted by law, bloomhealthclinic.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. bloomhealthclinic.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of bloomhealthcinic.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

Your Privacy

At bloomhealthclinic.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. Bloomhealthclinic.au respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. bloomhealthclinic.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data bloomhealthclinic.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

Third Parties

Bloomhealthclinic.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

Disclosure of Your Information

Bloomhealthclinic.au may be required, in certain circumstances, to disclose information in good faith and where bloomhealthclinic.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

Intellectual Property

Copyright, Trademark, and Restrictions of Use

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

bloomhealthclinic.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

If you are participating in our courses, content may be printed or downloaded to a local hard disk strictly for your personal and non-commercial use. Course content contains my trade secrets that are offered exclusively to participants. It is an essential condition of participation that you agree that you will not provide extracts of any course content to anyone else under any circumstances.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Commercial exploitation of our content in any way that competes with our business is strictly prohibited.

You may link to content on our website or social media profiles, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Trade Marks

We own the unregistered trade marks, logos, and service marks displayed on this website. These trade marks may not be used in connection with any other product or service without a licence, or in any way that is likely to cause confusion in the marketplace, or in any manner that disparages me or my business.

Exclusion of Competitors

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of bloomhealthclinic.au. bloomhealthclinic.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then bloomhealthclinic.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. bloomhealthclinic.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

Whole Agreement

These terms and conditions represent the whole agreement between you and bloomhealthclinic.au concerning your use and access to bloomhealthclinics.au website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Content Disclaimer 

On this website and in our social media accounts, we provide information about psychology, mental health, wellbeing, and allied health practices. This content is provided solely for your education and personal development to help you develop a deeper understanding of these areas and grow in confidence as you explore our resources and services.

Content Policy

We conduct extensive research in order to provide content that we believe to be valuable and true but we have no responsibility for the use that you make of that information. Please be aware that the generalised information we provide is not a substitute for specialist advice tailored to your individual circumstances.

The information contained in the website is provided for informational purposes only and is not meant to substitute for the advice provided by your therapist, teacher, doctor or other health care professional. You should not use the information available on bloomhealthclinic.au website for diagnosing or treating a health problem.

There is no professional relationship formed by your visit to our website unless you explicitly choose to work with us by purchasing our services or products.

Any testimonials or results we may display on this website are based on our experience and those of our previous clients. They are not guarantees that anyone else will achieve the same results.

While we take all reasonable care to ensure that the content we create is accurate, relevant and up to date, we make no guarantees and disclaim any legal liability for inaccuracy, incompleteness or error. If you find something that seems problematic, it would be very helpful if you let us know!

We may modify our content at any time, including altering or deleting it without notice.

Medical/Psychological

The information on this website and our social media is not meant to be substitute for medical / psychological advice from your doctor or health care provider. We make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in this website.

You should never disregard medical / psychological advice or delay seeking it because of a statement you have read or heard on this website. bloomhealthclinic.au should not be used in lieu of advice given by qualified medical professionals, such as your doctor or psychologist.

You are responsible for your own safety and wellbeing while browsing the internet. By using this website, you acknowledge that your health and safety is your own responsibility, and that you will make choices that are safe for you. Do not act on anything you read without first conducting your own research, consulting appropriately qualified professionals, and making informed choices about what is right for you, based on your personal circumstances.

Visitor Responsibilities

It really should go without saying, but as a user of our website, you agree not to behave maliciously, spam any other user, post defamatory content about anyone, infect any aspect of our website with malware, hack into any part of our website where you don’t have our permission to be, or use our website for any purpose other than consuming our content, engaging in our programs, and purchasing our products or services. You also agree not to use our website or content in any way that is unlawful or harmful to any other person or business. If you do, we have the right to refuse you service and ban you from accessing our website or social media.

Downloads

This site may offer paid and free downloads. While we take cybersecurity seriously and make every reasonable effort to ensure these downloads are safe and hassle free, I am not responsible for any viruses or other damage which might occur as a result of you downloading material from this site. Please make safety your priority and ensure you have adequate protection against viruses and other malicious attacks that may occur without my knowledge or consent.

External Links

From time to time we may provide links to external sites. We have no control over the information provided on these sites, and the links are solely for your information, education or entertainment. We do not endorse any products they offer for sale and have no relationship with them unless otherwise clearly notified.

Disclaimer for Services and Products

Services

By using our services, you agree that bloomhealthclinic.au is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold abloomhealthclinic.au liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by bloomhealthclinic.au.

All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and bloomhealthclinic.au takes no responsibility for your actions, choices or decisions.

Delivery of Goods

Digital goods are delivered immediately or as clearly described when purchased. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

Online Purchases

The information contained in the contents of all online products (including but not limited to online courses, eBooks and audio products) sold at bloomhealthclinic.au are for informational purposes only and are not a substitute for professional psychological or medical advice, diagnosis, or treatment. Always seek the advice of a qualified health care provider with any questions you have. Bloom Health Clinics associates, contractors and employees are not responsible for adverse effects resulting from your use or reliance on any information contained in any online product.

The team at Bloom Health Clinic have done their very best to select practices and teachings that are safe to share in an online environment, and they have included information about when it might not be a good idea to practice them; however they cannot and do not know your specific needs and situation.

Please listen to your body and your intuition, and only try the practices you feel comfortable with. Please take care of your self, and take responsibility for your own safety and psychological well being.

If you have a current illness or injury, are pregnant, or if you’re recovering from surgery, please talk to your doctor or health care professional before you try any of the practices.

By taking part in a course or purchasing a product on this website you acknowledge that your health and safety is your own responsibility, and that you will make choices that are safe for you.

Payment Terms

Payment is due at the time of your appointment or purchase, unless otherwise specified by a payment play or in agreement with your service provider.

Currency

All prices listed on the website are in Australian Dollars (AUD) and all orders are processed in Australian Dollars (AUD). If you are outside of Australia, your bank may charge you a fee to transact in Australian Dollars.

GST

When purchasing from within Australia, 10% GST may apply to your order. GST does not apply for orders from outside of Australia.

GST is applicable to online courses, meditation downloads, supervision for professional development (not for ‘entry to the profession’), mentoring and some coaching (if not related to physical or psychological wellbeing).

Services considered to be GST-free are those that are considered ‘appropriate treatment’ to ‘preserve, restore or improve the patients’ physical or psychological wellbeing,’ including ‘preventative services, ongoing management and cure.’ This may include counselling, group therapy and some coaching (if related to physical or psychological wellbeing). Supervision sessions that are required for ‘entry to the profession’ are also GST-free.

All products (including but not limited to online courses and meditation downloads) listed on this website include GST when purchased in Australia and do not include GST when purchased outside of Australia. If GST applies to services listed on this website (including but not limited to coaching, mentoring, supervision and report writing), GST is not included in the listed price.

GST information in this section is quoted from the Goods and Services Tax (GST) Business Skills for Psychologists (July 2000) Australian Psychological Society www.psychology.org.au.

Forms of Payment

Bloom Health Clinic accepts payment in the following forms: Credit card, EFTPOS, Cash, Direct deposit.

Payment Plans

Payment plans are offered for large assessments, group programs, and in some instances of financial hardship. Payment plans are offered for your convenience only, so you can spread your payment out over time. You are still committed to paying the whole amount, even if you change your mind about your purchase, as you have had access to our intellectual property or we have already completed the work/service for you. It is your responsibility to ensure you have sufficient funds to make payment instalments on time.

For any extended payment options, payment is due within 7 days from the date on our invoice or a late fee of $25.00 will be applied. For any extended payment options, payment is due within 7 days from the date on our invoice or a late fee of $25.00 will be applied.

Debt Collection

If an invoice is more than [??] days overdue, you agree to pay all costs, including debt collection agency fees and solicitor’s costs, that we may incur in taking steps to recover any money that you owe to [me/us], regardless of whether legal proceedings are issued in relation to the debt.

Returns and refund Policy

Please choose your online purchases carefully, as no refunds, credits of transfers are available for online products (including but not limited to online courses, coaching sessions purchased at the same time as an online course, eBooks and audio products).

We take our obligations under Australian Consumer Law seriously and will do our best to address any issues that arise. However, even if there is a major problem, our liability is strictly limited to:

• replacing the goods or providing the services again; or

• if we are unable to do so within a reasonable time, refunding the full amount that you have paid to us.

If you feel that there is any problem with our services/your purchase, please let us know within 24 hours of purchase or before the end of the session. We are keen to understand what has gone wrong if you are unhappy so that we can address your concerns and try to find a mutually acceptable solution.

Respectful Communication

We reserve the right to moderate any comments made on this website, in the Facebook Groups we control, and on any of our social media pages and profiles, including deleting comments that we deem to be rude, offensive, spammy or unacceptable, without any notification or correspondence with you. Keep all communication kind and polite, please.

Disrespectful or aggressive behaviour towards our team or anybody else will not be tolerated. 

If a dispute arises, everyone involved agrees that they will not engage in any public discussion about the issues, will behave politely towards each other, and will avoid any conduct or communication which might reasonably be expected to interfere with each other’s business or personal interests.

Dispute Resolution & Jurisdiction

If you have any concerns, issues, or complaints arising out of your use of this website, our products or services, or these terms and conditions, you agree to communicate with us with the intention of making a genuine effort to seek a win/win solution and trying to resolve the dispute in good faith through negotiation and discussion. Please email us at admin@bloomhealthclinic.au and expect a response within 7 business days.

Mediation

If the dispute cannot be resolved by negotiation and discussion within 14 days, you agree to proceed to mediation with the assistance of an independent accredited mediator, seeking mediation online or by telephone if anyone would need to travel for more than an hour to attend the mediation.

The mediator is to be appointed by agreement, or failing agreement within 14 days of the negotiation period ending, we will provide you with links to the websites of at least 2 appropriately qualified, neutral mediators (having first confirmed their availability), and you must select one of them within 48 hours of receiving the nominations. All costs of mediation must be shared equally.

Legal action must not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.

Jurisdiction

These Website Terms & Conditions are subject to the governing law of Queensland. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of Queensland, and the Commonwealth of Australia, will have exclusive jurisdiction.

Thank you for reading & respecting our T&Cs

This Privacy Policy was created with the support of Carefree Counsel. Copying it without permission is an infringement of our copyright and Carefree Counsel’s.