Terms of Sale

These terms and conditions of sale (“Ts&Cs”) are a contract between you and Chantel Ryan trading as Legally Healthy ABN 83 648 734 350  (“we”, “us”, “our”). If you are under the age of 18, a parent or guardian must read and agree to these Ts&Cs for you and a reference to “you” means you and your parent/guardian, as applicable.

These Ts&Cs apply when you buy Products from us, use our Services or download our Resources. Please read them carefully together with any other rules or guidelines that are posted onto our website www.legallyhealthy.com.au (“Website”) or otherwise notified to you from time to time. These Ts&Cs and the rules/guidelines are together referred to as the “Terms”.

1. our products and services
   • Products and Services are not legal advice: By purchasing our Products, using our Services, or downloading our Resources, you expressly acknowledge that we are not acting as your lawyer and we not providing legal advice or a legal service to you. Our Products, Services and Resources do not constitute and are not a substitute for legal advice. In order to rely on the protection of legal advice specific to your situation, you would need engage a lawyer for that purpose. We do offer custom legal services via our sister business, Themis Legal Consulting. If you require this service please visit the Legal Services page of our Website, put in a Legal Services Request Form, and book a free consultation with Themis Legal Consulting to discuss your needs. If you decide to proceed with legal services following your consultation, you will sign a client agreement, and only then you will enter into a lawyer-client relationship with Themis Legal Consulting.
   • Use of our Products by non-health practitioners: Our Products, Services and Resources have been designed to be used by natural medicine practitioners such as naturopaths, nutritionists, homeopaths etc. and are suitable for similar type health professionals. While most our Products are adaptable for use by other professions and industries, if you are not a health practitioner/professional and choose to purchase the Products anyway, you do so at your own risk and to the fullest extent permitted by law, we make no guarantee regarding fitness of purpose. 
   • Use of the Products where business is complex: Our Products are best suited to natural medicine practitioners who operate small businesses with simple offerings. They may not be suitable for you if your business is complex or where there are high stakes or high risk involved. Also, because the Products require customization by you, they are also not suitable if you are not proficient at writing or have good command of the English language.
   • Free Consultation Service: We offer a free consultation service via our Website. Consultations are for your initial free consult and are limited to one per person. This means you get only 1 free initial consult, you cannot book in multiple consults .  If you miss your consult, you can re-book your free initial consult, just use the link in the confirmation email or go back and re book via our Website.

Where you book and attend a free consultation (offered only via electronic communication e.g. Zoom, Skype or mobile)  you acknowledge and agree that all the information you receive during the free consultation is only general information and provided to you in a summarised form on legal and other topics and does not constitute legal (or other) advice and should not be relied upon as such. If you decide you do want legal advice specific to your situation, please let us know during your free consultation and we will provide further instructions.

• Testimonials and reviews: Any testimonials or reviews published on our Website regarding our Products and Services, that may have influenced you in making a purchase, are based on the opinion and or experience of our previous customers/clients. They are not guarantees that you or anyone else will have the same experience or opinion.

2. Your Responsibilities
   • What you must do: We require you to:
     • deal with us in good faith;
     • comply with all applicable laws and these Terms.
   • Where you are based outside of Australia: Unless indicated otherwise, our Products, Services and Resources are designed for use by businesses located in Australia. If you are not located in Australia and purchase a Product, we recommend having your draft agreements reviewed by a local lawyer in the country where you have your main place of operations. If you have any concerns about this, please contact us before proceeding.
   • Refusal to service. If you don’t comply with these Terms, we may at our sole discretion, cease providing Products and/or Services to you.
   • Personal Use only: In consideration for the Fee paid for our Products, we grant you a non-exclusive, non-transferable licence to download, copy and amend the purchased Product(s) to create a document suitable for your personal use in your business. You agree not to distribute, publish, duplicate, copy, create, sell, or share portions of the Products to any third party as to do so would be a breach of our copyright. You also agree not to use the Products for any commercial purposes, for your own financial gain or to compete with us. If you have found our Products helpful for your business, please recommend others purchase our Products for themselves. You may also be interested in becoming a Legally Healthy Affiliate and earning commissions on sales you have referred to us. Please see our Website or contact us at hello@legallyhealthy.com.au for more detail.
3. ORDERS, FEES and payment terms
   • E-commerce: While we take every effort to ensure our online store is accurate and up to date, from time to time, mistakes (for example, a pricing error) may occur. We will correct any errors within a reasonable time of becoming aware of them.
   • Orders subject to availability. All orders placed through our Website are subject to our acceptance and Product availability. A contract for sale is only formed once we accept your order. If there’s been an error leading to your order (such as a pricing error, or a Product is no longer available), we may choose not to fill the order, however we will contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we choose not to fill your order, or are otherwise unable to, we’ll process a full refund as soon as practicable.
   • The Fees for our Products and Services are as set out on the Website. All Fees are quoted in Australian dollars. If GST is applicable, it is included in the Fee unless specified otherwise. We reserve the right to change our Fees at any time.
   • Payment is required at point of purchase. Payment must be made through the Website as directed. Forms of payment we accept are set out on the website. Payments are collected via Stripe (or other third-party payment processers we choose to use from time to time). Processing of fees is subject to the terms and conditions and privacy policies of those payment processers, available on their website. You acknowledge that we are not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our Website, please contact them directly.
   • Cleared funds: You agree to pay us the purchase that your payment in full in cleared funds is a condition of this agreement. If an order is unpaid by you for any reasons , including if a request for payment is returned or denied by your financial institution, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any Products unpaid for unless and until we receive your payment in full.
   • Receipt: Once you purchase a Product and payment is received, you will be sent a Tax Receipt for your payment. Make sure you keep this as your purchase may be claimable as a business expense for tax purposes.
4. Warranties
   • Notification of issues with Products. If there are any issues with your order (e.g. you haven’t received the Product(s) you ordered or you have received the wrong Product(s), please notify us as soon as possible so that we may rectify any issues.
   • No limitation on your statutory rights. We make no express warranties or representations other than as set out in this clause Nothing in the Terms excludes, restricts or modifies any terms, conditions or warranties that are imposed or implied by law. Limitations and exclusions are made only to the extent that we may legally do so.
   • Consumer guarantees. Our Products come with guarantees that cannot be excluded under the ACL. If you are an Australian consumer for the purposes of the ACL, then for major failures, you are entitled: (a) to reject the Products and get a refund or replacement; or (b) ask for compensation for its reduced value. If a failure with the Products does not amount to a major failure, we may at our option, provide a refund, repair or replacement. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Products. The benefits of this warranty are in addition to any rights and remedies available at law. Our liability to you is limited to the options set out in this clause 4. If for any reason the ACL doesn’t apply to an order you place with us (for example, if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing.
   • No refunds for change of mind. Please choose your Products carefully, as refunds are not available if you simply change your mind. We encourage you to make use of our free consultation service available via our Website if you are unsure if a Product is right for you. 
   • Product descriptions are not warranties. Product descriptions are for the sole purpose of identifying products. They do not constitute a warranty.
   • No guarantee of outcomes. Our Products are templates and require customisation by you to suit your individual business needs. Given you are responsible for choosing and then completing the templates, we cannot guarantee the legal or commercial effectiveness of your final document(s). We do not make any representations or warranties as to results or outcomes (including, for example, that you will be absolved of all legal risk) because of using our Products.
   • Consequential Loss. We are not liable for any Consequential Loss suffered by any person.
   • Your liability. You agree that if you breach these Terms, or any liabilities are incurred by us arising out of your use of the Products and/or Services, you will be responsible for the costs and expenses that we and our Associates incur as a result of the breach, including reasonable legal fees (if applicable). Furthermore, we are not liable for any information, on our Website or elsewhere, being inaccurate, incomplete or not up-to-date; any breach by you of these Terms; any misuse of the Products or any breach of other laws by you.
5. INTELLECUAL PROPERTY RIGHTS
   • Intellectual Property. Unless otherwise indicated, as between you and us, we own all right, title and interest (including Intellectual Property Rights) in our Products, Services and any information provided to you in the delivery of our Products and Services, and our Resources. Your use of our Products, Services and Resources, and your submission of personal information to us, does not grant or transfer to you any proprietary rights in our Products, Services or Resources.
6. Dispute resolution
   • You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Products including disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
7. General
   • We collect, hold and store your personal information in accordance with our privacy policy. A copy of our privacy policy can be found on our Website or directly from us.
   • Force majeure. Neither Party will be liable to the other for any failure to perform its obligations under these Terms where such failure or delay is caused by events beyond its reasonable control, including epidemics, pandemic, quarantine, biological contamination, entry and exit restrictions, industrial disputes, strikes, lockouts, lockdowns, acts of god, acts or threats of terrorism or war (“Force Majeure”) provided such failure or delay could not have been prevented by reasonable precautions or could not have reasonably been circumvented by the non-performing Party by means of alternate sources, workarounds or by using its best endeavours. However, the foregoing does not apply if the Force Majeure event is caused by a breach of the Terms by the non-performing Party. If an event of Force Majeure occurs, we may suspend or terminate an order or booking by written notice to you.
   • Entire agreement. The Terms contain the entire understanding between the Parties concerning its subject matter and supersedes all prior communications.
   • Governing law. These Terms are governed by and will be construed in accordance with the laws of Western Australia, Australia. The Parties agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia, and courts hearing appeals from those courts.
8. Definitions
   • Definitions In these Terms:

ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth).

Associate in relation to a Party, means the employees, officers, directors, contractors, and agents of that Party.

Business Day means a day other than a Saturday, Sunday or a public holiday in Western Australia.

Consequential Loss means, without limitation, indirect, consequential or remote loss or damage; special, punitive or exemplary damages, loss of profit, revenue, business opportunity, goodwill or reputation and any other special loss or damage.

Consumer has the definition given to it in the ACL.

Corporations Act means the Corporations Act 2001 (Cth).

Fee means the amount payable by you to us for our Products.

Force Majeure has the meaning given in clause 7.2 (Force Majeure).

GST means the Goods and Services Tax as defined under the A New Tax system (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property Rights means all intellectual and industrial property or protected rights, including copyright, moral rights, patents, trade marks, trade names, confidential information, know-how, trade secrets, registered or unregistered designs, database rights and domain names, whether or not any of them is registered and including applications for registration of any such thing now or in the future in force and effect worldwide.

Privacy Policy means our privacy policy set out on our Website from time to time.

Products means legal templates and bundles made available for purchase on our Website.

Resources means our free resources and guides made available for download on our Website.

Services means free initial consultations/discovery calls and similar services offered through our Website.

Warranty Period has the meaning given in clause 4.4 (Warranty).

Website means our websites www.legallyhealthy.com.au

Interpretation. In these Terms, unless the context requires otherwise: (a) a word that is derived from a defined word has a corresponding meaning; (b) neither this agreement nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for drafting it; (c) a reference to these Terms or any other agreement includes any variation, novation, supplementation or replacement of it; (d) headings are for convenience only; (e) the phrase include or similar phrases does not limit what else might be included; (f) a reference to any legislation or provision of legislation includes all amendments, consolidations or replacements and all regulations or instruments issued under it from time to time; (g) a reference to “law” means all laws in force from time to time; (h) a reference to dollars or $ is to an amount in Australian currency; (i) the singular includes the plural and vice versa; (k) “in writing” includes any modes of reproducing words in legible and non-transitory form including by email and other electronic means.