Terms & Conditions
BY VISITING WWW.REPRODUCTIVEWELLNESS.COM.AU,
YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
By using www.reproductivewellness.com.au, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Reproductive Wellness (“Company”). By accessing any area of this Site shall be deemed a use of the Site and an acceptance to the terms and conditions provided herein.
Information provided on the Site and related to our service of naturopathic consultations(the “Service”) is subject to change. Company makes no representation or warranty that the information provided is accurate.
In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others.
You may use the Site and Service for lawful purposes only. You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.
Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.
The Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. Any copyright infringement will result in legal action taken on behalf of the Company.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR OTHERWISE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Company. Unless otherwise stated, these Terms and Conditions only cover the use of this Site. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, legal fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defence, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of Australia, exclusive of its choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by mediation at RESOLUTION INSTITUTE. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Melbourne, Victoria, AUSTRALIA and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable legal fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
Updated: September 2018
BY VISITING WWW.REPRODUCTIVEWELLNESS.COM.AU,
YOU ARE CONSENTING TO OUR DISCLAIMER
All information, diagrams, suggestions, articles and other material appearing on this website are provided as a source of information only and may not be construed as medical advice or instruction and/or should not be used as a substitute for professional medical advice.
I am a trained Naturopath and hold the following qualifications: Bachelor of Health Science (Complementary Medicine), Advanced Diploma of Naturopathy, Diploma of Nutrition and Certificate in Natural Fertility Education. Notwithstanding, my qualifications, I do not practice medicine and I do not diagnose nor treat diseases or medical conditions. My services are not intended to be a replacement for or substitute for those of a medical practitioner I advise you, if needed, to be under the care of a medical practitioner and encourage open communication between myself and your current medical practitioner. This can be discussed in more detail during our consultations.
If you have a medical emergencies please dial 000 (in Australia) or visit the closest hospital emergency room. I will not provide you any medical or other professional advice or opinion as a result of web-based consultation with me.
As a visitor to this site, you accept that it is your sole discretion and risk as to how you use the information, ideas, suggestions and anything else presented on this website or any sites we refer to. It is recommended that you consult your naturopath or other health/medical professional of your choice for advice on suitability for you. If your condition is serious or urgent please seek medical attention.
I disclaim all responsibility and all liability (including without limitation, liability in negligence) for any and all expenses, losses, damages and costs you might incur for any and all reasons, as a result of your use, or misuse, of this website or the information being inaccurate or incomplete in any way.
All information and advice provided on www.reproductivewellness.com.au is made available in good faith and provided on the basis that clients their own assessment of the matters discussed herein, verify all relevant representations, statements and information for their own benefit and take sole responsibility for their own choices.
The information and materials provided on or through this website are provided without any warranties of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. There is no warranty on the accuracy or completeness of the information, materials or services provided on or through this web site. The information and materials may be out of date, and I do not make any commitment or assume any duty to update such information, or materials. All services purchased on or through this web site, such as naturopathic consultations are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. To the fullest extent permissible by applicable law, I hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the services listed or purchased on or through this web site.
Updated: September 2018
BY VISITING WWW.REPRODUCTIVEWELLNESS.COM.AU,
1. Personal Information
Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.
2. Use of Information
3. Collecting information on Registered members
As part of registering with us, we collect personal information about you in order for you to take full advantage of our services. To do this it may be necessary for you to provide additional information to us as detailed below.
Registration is completely optional. Registration may include submitting your name, email address, address, telephone numbers, option on receiving updates and promotional material and other information. You may access this information at any time by logging in and going to your account.
5. Credit Card Details
Credit Card details are only stored for the processing of payment and will be deleted once payment is processed.
Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
7. Third Parties
We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.
We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secured.
However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.
In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.
10. Collecting Information from Users
a) IP Addresses
Our web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Again, information is gathered in aggregate only and cannot be traced to an individual user.
b) Cookies and Applets
11. Access to Information
We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.
In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.
13. Links to other sites
We provide links to Web sites outside of our web sites, as well as to third party Web sites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that Web site and its privacy statement.
14. Problems or questions
15. Privacy issues
For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner’s web site; http://www.privacy.gov.au/
16. Changes to this policy
Updated: September 2018
Code of Conduct
BY ATTENDING CONSULTATIONS BOTH IN PERSON AND VIA SKYPE / PHONE YOU UNDERSTAND MICHELLE OPERATES UNDER A CODE OF CONDUCT
This code applies to general health service providers who are not regulated by the Australian Health Practitioner Regulation Agency (AHPRA). Any possible breach of this code should be raised with the provider first.
The word ‘client’ is used below which applies in the same manner as ‘patient/s’ which is the common reference used whilst under the care of Michelle Cooke, founder and director of Reproductive Wellness.
1. GENERAL HEALTH SERVICE PROVIDERS TO PROVIDE SERVICES IN A SAFE AND ETHICAL MANNER
(1) A general health service provider must provide general health services in a safe and ethical manner (2) Without limiting subclause (1), general health service providers must comply with the following: (a) a general health services provider must maintain the necessary competence in the provider’s field of practice; (b) a general health service provider must not provide a health service of a type that is outside the provider’s experience or training, or provide services that the provider is not qualified to provide; (c) a general health service provider must only prescribe or recommend treatments or appliances that serve the needs of the clients; (d) a general health service provider must recognise the limitations of the treatment the provider can provide and refer clients to other competent health service providers in appropriate circumstances; (e) a general health service provider must recommend to clients that additional opinions and services be saught, where appropriate; (f) a general health service provider must assist a client to find other appropriate health care services, if required and practicable; (g) a general health service provider must encourage clients to inform their treating medical practitioner (if any) of the treatment or care being provided; (h) a general health service provider must have a sound understanding of any possible adverse interactions between therapies and treatments being provided or prescribed and any other medications or treatments, whether prescribed or not, that the provider is, or should be aware that a client is taking or receiving, and advise the client of these interactions; (1) a general health service provider must provide general health services in a manner that is culturally sensitive to the needs of the provider’s clients
2. GENERAL HEALTH SERVICE PROVIDERS TO OBTAIN CONSENT
Prior to commencing a treatment or service, a general health service provider must ensure that consent appropriate to that treatment or service has been obtained and complies with the laws applying in Victoria.
3. APPROPRIATE CONDUCT IN RELATION TO TREATMENT ADVICE
(1) A general health service provider must accept the right of the provider’s clients to make informed choices in relation to the health services the client seeks or receives. (2) A general health service provider must not attempt to dissuade a client from seeking or continuing medical treatment. (3) A general health service provider must communicate and co-operate with colleagues and other health service providers and agencies in the best interest of their clients.
4. GENERAL HEALTH SERVICE PROVIDERS TO REPORT CONCERNS ABOUT THE CONDUCT OF OTHER HEALTH SERVICE PROVIDERS
A general health service provider who, in the course of providing treatment or care, forms the reasonable belief that another health service provider has placed or is placing clients at serious risk of harm must refer the matter to the Commissioner.
5. GENERAL HEALTH SERVICE PROVIDERS TO TAKE APPROPRIATE ACTION IN RESPONSE TO ADVERSE EVENTS
(1) A general health service provider must take appropriate and timely measures to minimise harm to clients when an adverse event occurs in the course of providing treatment or care. (2) Without limiting subclause (1), a general health service provider must: (a) ensure that appropriate first aid is available to deal with any adverse event; and (b) obtain appropriate emergency assistance in the event of any serious adverse event; and (c) promptly disclose the adverse event to the client and take appropriate remedial steps to reduce the risk of recurrence; and (d) report the adverse event to the relevant authority, where appropriate.
6. GENERAL HEALTH SERVICE PROVIDERS TO ADOPT STANDARD PRECAUTIONS FOR INFECTION CONTROL
(1) A general health service provider must adopt standard precautions for the control of infection in the course of providing treatment or care. (2) Without limiting subclause (1), a general health service provider who carries out skin penetration or other invasive procedures must comply with the laws applying in Victoria.
7. GENERAL HEALTH SERVICE PROVIDERS DIAGNOSED WITH INFECTIOUS MEDICAL CONDITIONS
(1) A general health service provider who has been diagnosed with a medical condition that can be passed on to clients must practice in a manner that does not put clients at risk. (2) Without limiting subclause (1) a general health service provider that has been diagnosed with a medical condition that can be passed on to clients must take and follow advice from a suitably qualified registered health practitioner on the necessary steps to be taken to modify the provider’s practice to avoid the possibility of transmitting that condition to clients.
8. GENERAL HEALTH SERVICE PROVIDERS NOT TO MAKE CLAIMS TO CURE CERTAIN SERIOUS ILLNESSES
(1) A general health service provider must not claim or represent that the provider is qualified, able or willing to cure cancer or other terminal illnesses. (2) A general health service provider who claims to be able to treat or alleviate the symptoms of cancer or other terminal illnesses must be able to substantiate such claims.
9. GENERAL HEALTH SERVICE PROVIDERS NOT TO MISINFORM THEIR CLIENTS
(1) A general health service provider must not engage in any form of misinformation or misrepresentation in relation to the products or services the provider provides or the qualifications, training or professional affiliations the provider holds. (2) Without limiting subclause (1): (a) a general health service provider must not use the provider’s possession of a particular qualification to mislead or deceive clients or the public as to the provider’s competence in a field of practice or ability to provide treatment; and (b) a general health service provider must provide truthful information as to the provider’s qualifications, training or professional affiliations; and (c) a general health service provider must not make claims either directly to clients or in advertising or promotional materials about the efficacy of treatment or services the provider provides if those claims cannot be substantiated
10. GENERAL HEALTH SERVICE PROVIDERS NOT TO PRACTISE UNDER THE INFLUENCE OF ALCOHOL OR UNLAWFUL SUBSTANCES
(1) A general health service provider must not provide treatment or care to clients while under the influence of alcohol or unlawful substances. (2) A general health service provider who is taking prescribed medication must obtain advice from the prescribing health practitioner or dispensing pharmacist on the impact of the medication on the provider’s ability to practise and must refrain from treating or caring for clients in circumstances where the provider’s capacity is or may be impaired.
11 GENERAL HEALTH SERVICE PROVIDERS WITH CERTAIN MENTAL OR PHYSICAL IMPAIRMENT
(1) A general health service provider must not provide treatment or care to clients while suffering from a physical or mental impairment, disability, condition or disorder (including an addiction to alcohol or a drug, whether or not prescribed) that places or is likely to place clients at risk of harm. (2) Without limiting subclause (1), if a general health service provider has a mental or physical impairment that could place clients at risk, the general health service provider must seek advice from a suitably qualified health practitioner to determine whether, and in what ways, the provider should modify the provider’s practice, including stopping practice if necessary.
12 GENERAL HEALTH SERVICE PROVIDERS NOT TO FINANCIALLY EXPLOIT CLIENTS
(1) A general health service provider must not financially exploit the provider’s clients. (2) Without limiting subclause (1): (a) a general health service provider must only provide services or treatments to clients that are designed to maintain or improve clients’ health or wellbeing; and (b) a general health service provider must not accept or offer financial inducements or gifts as a part of client referral arrangements with other health service providers; and (c) a general health service provider must not ask clients to give, lend or bequeath money or gifts that will benefit the general health service provider directly or indirectly.
13. GENERAL HEALTH PROVIDERS NOT TO ENGAGE IN SEXUAL MISCONDUCT
(1) A general health service provider must not engage in behaviour of a sexual or close personal nature with a client. (2) A general health service provider must not engage in a sexual or other inappropriate close personal, physical or emotional relationship with a client. (3) A general health service provider should ensure that a reasonable period of time has elapsed since the conclusion of the therapeutic relationship before engaging in a sexual relationship with a client.
14. GENERAL HEALTH SERVICE PROVIDERS TO COMPLY WITH RELEVANT PRIVACY LAWS
A general health service provider must comply with the relevant privacy laws that apply to clients’ health information, including
(a) the Health Records Act 2001; and (b) the Privacy and Data Protection Act 2014; and (c) the Privacy Act 1988 of the Commonwealth.
15. GENERAL HEALTH SERVICE PROVIDERS TO KEEP APPROPRIATE RECORDS
(1) A general health service provider must maintain accurate, legible and up-to-date clinical records for each client consultation and ensure that these are held securely and not subject to unauthorised access. (2) A general health service provider must take necessary steps to facilitate clients’ access to information contained in their health records if requested. (3) A general health service provider must facilitate the transfer of a client’s health record in a timely manner when requested to do so by the client or the client’s legal representative.
16. GENERAL HEALTH SERVICE PROVIDERS TO BE COVERED BY APPROPRIATE INSURANCE
A general health service provider should ensure that appropriate indemnity insurance arrangements are in place in relation to the provider’s practice.
17. GENERAL HEALTH SERVICE PROVIDERS TO PROVIDE ACCESS TO CODE OF CONDUCT AND OTHER INFORMATION
(1) A general health service provider must bring each of the following documents to the attention of, or make available a copy of each of the following documents to, the clients of the general health service provider when providing or offering to provide a general health service: (a) a copy of this code of conduct; (b) a document that gives information about the way in which clients may make a complaint to the Commissioner.
(2) Copies of these documents must be made available in a manner that makes them easily accessible to clients.
To make a complaint about any Victorian health service provider, contact the Health Complaints Commissioner: hcc.vic.gov.au 1300 582 113
Updated: September 2018