Terms of Use

1. Access 

While we make every reasonable effort to ensure that the website is available and fully operational at all times, we do not make any representation or warranty that your access will be uninterrupted or error-free.  Your access to this website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

 

We reserve the right to change or discontinue any feature or service on the site at any time without notice.

 

We reserve the right to terminate your access to this website and prevent further access without warning or notice in response to breaches of these Terms by yourself, breaches of any applicable laws or suspicious activity.  We are not responsible for any loss of files, lost data or any other loss that may occur as a result of the termination of your access.

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2. Website Disclaimer

To the fullest extent permitted by law, Kyliebellcounselling.com.au absolutely disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose.  Kyliebellcounselling.com.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.

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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.

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It is your sole responsibility and not the responsibility of Kylie Bell Counselling 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.  

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We reserve the right to change any content or information including but not limited to pricing, specifications, descriptions, or product names without notice.

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3. Conduct

You must not use, or attempt to use this website:

 

in breach of any applicable laws of the State of Western Australia, Commonwealth of Australia, or local laws in your jurisdiction to impersonate any person or entity, to solicit money, passwords, personal information or other property from any person or entity, to harm, abuse, harass, threaten, stalk, intimidate or offend any person or entity, to publish or facilitate publication of personal information of a third party without their consent, to publish or facilitate publication of material for which you do not have ownership, title, or consent from the owner or title holder to do so, to publish or facilitate publication of pornographic or offensive material, to publish or facilitate publication of material including viruses or other computer code, files, or programs designed to interrupt or damage the functionality of computer software or hardware, to publish or facilitate publication of advertising material for yourself or any other party without our express consent to do so

 

Breaching these rules of conduct may result in termination of your access to this website and the prevention of further access without warning or notice.

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4. Privacy

At Kylie Bell Counselling, we are committed to protecting your privacy.  We use the information collected about you to maximize the services that we provide to you.  We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles.  Please read our 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.  Our secure server software encrypts all customer information before it is sent to us.  Furthermore, all customer data collected is secured against unauthorized use or access.  Credit card information is not stored by us on our servers.  

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5. Copyright, Trademark and Restrictions of Use

This website contains material that is owned by or licenced by 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.

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Kylie Bell Counselling 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.

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Except where expressly provided to the contrary, you may only reproduce and distribute the material on this website for your own personal, non-commercial use.  Material published on or sourced from this website must not be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or in part without prior written consent, with the following exceptions:

 

- Where such use, or reproduction, constitutes Fair Use under the Copyright Act 1968 Cth.

- Where such use or reproduction is undertaken by normal processes on your computer only (such as your web browser's cache).

- Where we have provided a written agreement to your use or reproduction.

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6. Links to Third Parties

Certain areas of this website may contain links to external websites, advertisements and information on those websites for your convenience.  This does not necessarily imply sponsorship, endorsement, or approval or any arrangement between Kylie Bell Counselling and the owners of those websites.  Any external websites do not form part of this website and are not within our control.  We do not accept responsibility for the contents of any third party website.

 

Kylie Bell Counselling's website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties.  We are making a 'recommendation' only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

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7. Limitation of Liability

It is an essential pre-condition to you using our website or engaging our Services that you agree and accept that we are not legally responsible for any loss, injury or damage you may suffer related to your use of the website or our Services whether from download issues, any goods or services we may offer or from any other use of the website or Services.  Your use of, or reliance on, any information or materials on this website and our Services is entirely at your own risk, for which we shall not be liable.

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To the fullest extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services and this agreement, except those set out in this agreement, including but not limited to:

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(a) implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in the Terms;

(b) our Services being unavailable; and

(c) any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss suffered by you or claims made against you, arising out of or in connection with your use of the Services, the inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.  

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Reliance on Content

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By using our website, you agree that we, Kylie Bell Counselling are not to be held liable for any decisions you make based on any of our services, guidance, information, views, or recommendations and any consequences, as a result, are your own.  Under no circumstances can you hold Kylie Bell Counselling liable for any actions you take nor can you hold us or any of our employees liable for any loss whether direct or indirect or cost incurred by you as a result of any guidance, advice, information, views or recommendations provided by or posted on this website.

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The information shown and posted on this website including on our blog is intended to be general information with respect to health, wellbeing and lifestyle.  Information is offered in good faith and it is not specific to any one person or any personal circumstance.  It is not to be taken as medical or other professional advice and is not intended to be taken as advice for you personally.  Should you require or need specific advice to your circumstances, you should consult a professional. 

 

Any decisions or information on this website you decide to use, read or act upon is done at your own risk and you shall indemnify Kylie Bell Counselling, its directors and employees for any and all claims whether resulting directly or indirectly from your actions. 

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PURCHASING ONLINE

 

1. Minimum age and legal capacity

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

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Purchasing products or services on this website is restricted to individuals 18 years of age or older.  Individuals below the age of 18 ('minor') may have purchases made on their behalf by a parent or guardian.

 

Should we suffer any loss or damage as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.

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2. Accuracy of product description

All products and services listed on this website are described to the best of our abilities and using the information available to us at the time.  Care is taken to ensure that this information is correct, but we cannot eliminate the possibility of:

 

• Human error in the entry of information

• Incorrect information provided to us by suppliers or distributors

• Failure of suppliers or distributors to supply updated information to us

 

We reserve the right to change any information including but not limited to pricing, specifications, descriptions, or product names without notice.

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3.Payment

All orders on this website must be pre-paid before fulfilment.  All orders placed are in Australian dollars.

 

In the case that you pay for an order with your credit card, we do not store your credit card number on our servers, however, it may be retained by our payment gateway provider in circumstances where this is required.

 

In the case of offline payment, we will contact you to arrange payment.  This process must be completed before your order can ship.

 

In cases where your payment for an order fails for reasons including but not limited to insufficient card credit, or cheque dishonour, we do not warrant that stock will be held until an alternate payment method is available or the original payment method made to function.

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4. Prices and Taxes

Prices are displayed to Australian visitors of this website (unless otherwise marked) including GST if applicable to the product and in Australian Dollars.

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5. Return policy

In the case of purchase of a physical product or service from this website, we offer returns and process refunds in accordance with the Australian Consumer Protection Legislation.

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Schedule 2 of the Consumer and Competition Act 2010 (Cth) and Australian Consumer Law ("ACL") may give you rights, warranties, guarantees and remedies relating to the provision of goods or services by us to you which cannot be excluded, restricted or modified ("Statutory Rights").  At no time do we seek to exclude your Statutory Rights.

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In the event that you believe any consumer guarantees are not met with respect to any product or service we may provide to you, you may have a right to repair, replacement or refund the products or to cancel service under the ACL.

 

All implied conditions or warranties in relation to the products or services are excluded so far as may be permitted by law, except for your Statutory Rights.  Our liability for any breach of these Terms is limited to the resupplying of the products or services to you again, replacement of the products or the payment of the cost of having the products or services supplied to you again, at our sole discretion.

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6. Tax Invoice

Upon completion of your order, we will supply a Tax Invoice to you in the form of an email.  Please ensure that the email address you have provided us is correct.

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7. Security

We use industry-standard SSL encryption where applicable to protect the privacy of information in transit between this website, yourself and our suppliers including payment gateways.

 

You acknowledge that the security of communications sent by electronic means cannot be guaranteed.  You provide information to us via the internet at your own risk.  We cannot accept responsibility for misuse, loss of, or unauthorized access to, your personal information where the security of information is not wholly within our control.

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Jurisdiction

These Terms are subject to the laws of Western Australia, Australia.  You consent to the exclusive jurisdiction of the courts of Western Australia to determine any matter or dispute which arises under these Terms.

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These Terms were last updated on 7 September 2020.