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

1.1 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 are 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.  As of 1 July 2025, Chantel Ryan is a non-practising lawyer and no longer offers custom legal services. 

1.2 Use of our Products by non-health practitioners: Our Products, Services and Resources have been designed to be used by health practitioners such as allied health professionals and natural medicine practitioners such as naturopaths, nutritionists, homeopaths etc. 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.

1.3 Use of the Products where business is complex: Our Products are best suited to health professionals 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 customisation by you, they are also not suitable if you are not proficient at writing or have good command of the English language.

1.4 Free Chat Service: We offer a free chat service which can be booked via our Website. Consultations are limited to one per person/business. The purpose of the chat is to provide general guidance on choosing templates for your business. We do not provide legal advice during this call. If you require legal advice, please find a suitable lawyer or ask us for a referral. As of 1 July 2025, Chantel Ryan is a non-practising lawyer and no longer offers custom legal services. 

1.5 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

2.1 What you must do: We require you to:

(a) deal with us in good faith;

(b) comply with all applicable laws and these Terms.

2.2 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.

2.3 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.

3. Orders, Fees and Payment Terms

3.1 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.

3.2 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.

3.3 The Fees for our Products and Services are as set out on the Website. All Fees are quoted in Australian dollars and exclusive of GST. If GST is applicable, it will be added to the Fee unless specified otherwise. We reserve the right to change our Fees at any time.

3.4 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, including buy now pay later options. 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.

3.5 Cleared funds: You agree that payment in full and in cleared funds is a condition of this agreement. If an order is unpaid by you for any reason, 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.

3.6 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

4. 1 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.

4.2 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.

4.3 Consumer guarantees. Our Products come with guarantees that cannot be excluded under the ACL. If you are a 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.

4.4 No refunds for change of mind. Please choose your Products carefully. Due to the digital nature of the Products, refunds are not available if you simply change your mind. We encourage you to make use of our free chat service available via our Website if you would like to discuss the templates before purchasing. 

4.5 Product descriptions are not warranties. Product descriptions are for the sole purpose of identifying products. They do not constitute a warranty.

4.6 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.

4.7 Consequential Loss. To the extent allowed by law, we are not liable for any Consequential Loss suffered by any person for any reason.

4.8 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

5.1 Ownership and Licence: Unless otherwise indicated, all right, title, and interest (including Intellectual Property Rights) in our Products, Services, Resources, and any materials provided to you remain owned by us, or are used under licence by us. Some templates may include content licensed to Legally Healthy by third parties. Nothing in these Terms transfers ownership of any intellectual property to you.

5.2 Licence to use: Upon purchase, we grant you a limited, non-exclusive, non-transferable, revocable licence to download, save, and customise the Product(s) solely for use within your own business. You must not sell, share, distribute, republish, or otherwise exploit our Products, Services, or Resources for commercial purposes, or to create competing products. If you find our templates helpful, we encourage you to recommend them to others or join our Legally Healthy Affiliate Program. Visit our Website or contact us at hello@legallyhealthy.com.au for more information.

5.3 Breach: Any unauthorised use, reproduction, or distribution of our intellectual property may result in legal action, including a claim for damages.

6. Dispute resolution

6.1 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

7.1 Privacy. 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.

7.2 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.

7.3 Entire agreement. The Terms contain the entire understanding between the Parties concerning its subject matter and supersedes all prior communications.

7.4 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.

7.5 GST: If GST is payable in relation to any supply made under these Terms, the amount payable for that supply will be increased by an amount equal to the GST payable. You will receive a valid Tax Invoice in accordance with the GST Act.

8. Definitions & Interpretations 

8.1 Definitions. Capitalised words in these Terms have the following meanings:

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.

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 Act A New Tax system (Goods and Services Tax) Act 1999 (Cth).

GST means the Goods and Services Tax as defined under the GST Act. 

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

Resources means our blogs, free resources and guides made available for review and/or download on our Website.

Services means the free legal template chat offered via our Website.

Website means our websites www.legallyhealthy.com.au

8.2 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.