TERMS AND CONDITIONS
1 INTRODUCTION
(a) OBH Ventures Pty Ltd ACN 670 942 686 trading as Element Health Centres (Element Health Centres our, we or us) provides a variation of services and treatments using Cryotherapy, a Hyperbaric Oxygen Chamber, an Infrared Sauna Cocoon, Red Light Therapy, the Superhuman Protocol, Hydrogen Inhalation Therapy and a Theta Chamber (Treatment). Treatment can be completed by the Client on a one-off casual basis (Single Treatment) or via a multiple treatment pack (Treatment Pack). These terms and conditions (Terms) govern Element Health Centres’ supply of the Treatment to you or where applicable, the person for whom you are the parent or guardian, (the Client, you, your).
(b) By making a booking or otherwise making payment for a Treatment (Booking), you automatically become a Client of Element Health Centres. Accordingly, you agree to be bound by these Terms.
(c) We may change these Terms at any time by updating the Terms and Conditions page on our website, and your participation in the Treatment following such an update will represent an agreement by you to be bound by the Terms as amended.
2 ACCOUNT
(a) To make a Booking for a Treatment over our website, you may be required to register an account through our third party booking platform (Account).
(b) As part of the Account registration process, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing and postal addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) By creating an Account, you consent to having your photograph taken by us and saved on your profile to confirm your identity upon entry to our premises. We may refuse entry to you if you do not have an accurate photo identification uploaded to your Account.
(d) You warrant that any information given to us, including information given in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(e) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these Terms.
2.2 MAKING A BOOKING
(a) To make a Booking, you must first purchase the appropriate Treatment. This can be done via our website, your Account, or directly with us at reception. Treatment Pack inclusions are displayed on our website.
(b) Your Treatment will take place on the date and at the time you book through our third party booking platform.
3 TREATMENTS
3.1 GENERAL
(a) The types, styles, and varying inclusions of Treatment offered by us including fees and details of inclusions, are as set out on our website from time to time or as communicated to you in writing.
(b) Where you have booked a particular Treatment or a Treatment Pack, you are restricted to attending sessions within your specifically booked Treatment or Treatment Pack as outlined by the terms of our website.
3.2 PHOTOS AND VIDEOS
(a) We may photograph or record at any time within the premises, including within Treatment, taking group or individual photos or video footage featuring you (Media).
(b) Unless you provide written notice to us stating otherwise, you hereby consent to and acknowledge that:
(i) we may use the Media and your image/s for the purpose of marketing and promotional material, including using the Media on our website, social media pages and other channels;
(ii) you assign (including as a present assignment of future copyright) and transfer to us all right, title and interest (including intellectual property rights) in and to the Media, free from any encumbrances or other security interests, including all rights, claims, demands, causes of action, rights of action past, present or future arising out of, or in relation to, the Media; and
(iii) you release us from, and indemnify us against, all claims, actions, demands and liabilities in relation to the creation of Media, which you may have against us.
(c) You acknowledge that you may also photograph or record any part of a Treatment (Client’s Media). Accordingly, you acknowledge you must first obtain the consent of any participants featured in the Client’s Media before filming.
4 DISCLAIMERS
(a) (Risk of injury) You understand and acknowledge that the Treatments may expose you to risk, including accidents, injury, illness or even death. You assume all risk of injuries associated with participation in the Treatments, including but not limited to, falls, contact with other participants, equipment failure, risks inherent in receiving alternative therapies and the loss of your personal property, and exclude Element Health Centres from any liability.
(b) (Pre-existing injury) You warrant and represent that you have no injuries, physical restrictions, disabilities or predispositions to sickness or injury (Conditions) that may affect your participation in the Treatment or that if you are aware of such Conditions, you participate in any Treatment provided by Element Health Centres entirely at your own risk. If you believe a Treatment will not be safe, you must inform the relevant Supervisor of that fact and not participate in such Treatment.
(c) (Results not guaranteed) We make no representations or warranties that a Treatment will bring about any particular result, outcome or improvement. You acknowledge and agree that participation in a Treatment does not guarantee any particular result or outcome and that results differ for each Client depending on personal circumstances.
(d) (Not medical advice) All information and recommendations provided by us, including information that is provided by our personnel in the course of providing a Treatment, on the website or via email or over the phone, is general in nature and is not intended to be professional advice, a medical diagnosis or treatment of any kind and should not be relied upon as such. Any reliance on or use of such information is entirely at your own risk and we are not liable for any loss or damage suffered as a result of or in connection with such reliance.
(e) (Consult medical professional) Some therapies may involve strenuous physical exercise which may subject you to risk of serious injury or even death. Element Health Centres urges you to obtain a physical examination from a doctor before using any equipment or participating in any Treatments. You agree that when you use any facility provided by Element Health Centres or engage in the Treatments, you do so entirely at your own risk. We at our absolute discretion, may refuse participation in the Treatment to you, if we believe that your level of fitness or physical condition render the Treatment unsuitable for you.
5 PARTICIPANT’S OBLIGATIONS
5.1 CAPACITY AND AGE
(a) You warrant that you:
(i) have the legal capacity and are of sufficient age to enter into a binding contract with Element Health Centres; and/or;
(ii) are the parent or guardian of the Client who consents to this agreement on behalf of the Client.
(b) You acknowledge and agree that you must be:
(i) at least 18 years old to participate in the Treatment without consent from a parent or legal guardian; or
(ii) at least 16 years old to participate in the Treatment with the consent from a parent or legal guardian, unless otherwise permitted by us in writing.
(c) Subject to this clause 5.1, if you are a parent or legal guardian entering into these into these Terms on behalf of a participant who is under 18 years of age (Under 18 Participant):
(i) you indemnify and hold harmless Element Health Centres for any claim attempted to be made by the Underaged Participant on the basis of a claim that the Underaged Participant is a third party to these Terms (and otherwise indemnify us in accordance with these Terms); and
(ii) you consent to us engaging with the Under 18 Participant for the purpose of providing the Treatment as set out in these Terms.
5.2 GENERAL
(a) You must provide us with all documentation, information and assistance reasonably required for us to provide the Treatment.
(b) You must participate in any briefings and/or introductions as notified by us, which includes the signing of any waiver forms and acknowledging Element Health Centres’ premises rules prior to engaging in any Treatment.
(c) If you are the Client’s parent or guardian and the Client is under the age of 18, you must ensure that the Client complies with these terms, and agree to the terms of this agreement in respect of the Client.
5.3 INSTRUCTIONS AND SAFETY
You warrant that you:
(a) will undertake an instructional consultation with our Personnel prior to using any of our equipment (Equipment) and/or engaging in the Treatment;
(b) comply with any safety guidelines, instructions and/or rules that our Personnel provide to them;
(c) do all things necessary to assist with the completion of an incident report where required by us;
(d) stop participating in any Treatment, and alert us or our Personnel, if you have any concerns about your health or safety or if you start feeling dizzy, faint, unwell or feel any unusual pain during the Treatment; and
(e) be responsible for your own safety and that of any person under the age of 18 years for whom you have signed responsibility.
5.4 EQUIPMENT USE AND GENERAL BEHAVIOUR
You must:
(a) only use the Equipment in the manner to which it is designed and for the purpose it is intended for;
(b) only use the Equipment in accordance with the instructions, requirements and policies of Element Health Centres, as notified to you;
(c) not use abusive, offensive or threatening language or behaviour while within our premises;
(d) not make any alterations to, mark or damage the Equipment;
(e) at all times wear clean clothing appropriate for the Treatment you are undertaking and/or as instructed by us from time to time; and
(f) not use the equipment and/or facilities without seeking instructions from our Personnel if you are not familiar with the equipment and/or facilities.
5.5 POSSESSIONS
(a) You are responsible for your possessions while within our premises. We will not be liable if any of your possessions are lost and/or stolen at our premises.
(b) Where you have stored your possessions within our premises, we will not be liable if your possessions are lost and/or stolen. You leave any possessions within our premises at your own risk.
6 BOOKING AVAILABILITY
6.1 TREATMENT
You acknowledge and agrees that:
(a) unless directed otherwise, you are required to book your Treatment in advance via Element Health Centres’ third party booking platform;
(b) you will have a guaranteed reserved spot on a particular time and day for the Treatment that you have booked for;
(c) if you arrive to a booked Treatment at the end of your Booking time allotment or fail to attend at all, your Treatment will be considered missed and in such case will not be entitled to a refund or credit of the value of the Treatment.
7 PAYMENT
7.1 FEES
All Fees are:
(a) as displayed and accepted by you at the time of checkout (Fees);
(b) in Australian Dollars; and
(c) subject to change without notice prior to payment being received.
7.2 PAYMENT OBLIGATIONS
You must pay the Fees in full at the time of purchasing the Treatment.
7.3 GST
Unless otherwise indicated, amounts stated on our Website do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.
7.4 CARD SURCHARGE
We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
7.5 ONLINE PAYMENT PARTNER
(a) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for the Treatment.
(b) The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider.
(c) We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.
7.6 PRICING ERRORS
In the event that we discover an error or inaccuracy in the Fees for your booking, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing the Treatment at the correct Fee or cancelling your booking. If you choose to cancel your booking and the Fees have already been debited, the full amount will be credited back to your original method of payment.
8 GIFT CARDS AND PROMOTIONS
(a) We may issue gift cards for use on our Website. Gift cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you.
(b) Gift cards are valid for 3 years from the date of purchase.
(c) Gift cards may be transferred to different person. Please contact us if you would like to transfer your gift card to a different person.
(d) Gift cards may be used in any number of transactions.
(e) Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else.
8.2 VOUCHERS AND DISCOUNT CODES
(a) We may provide promotional materials and discount codes offering a discount on the Treatment (Voucher). To use a Voucher, you will need to enter its code at checkout.
(b) A Voucher can only be applied at the time of making a Booking and not retrospectively to a Booking. Vouchers are non-transferrable and cannot be redeemed for cash or credit.
(c) If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.
8.3 REFERRAL PROGRAM
(a) We may operate an Element Health Centres Referral Program by which loyal clients will be rewarded for referring a friend to receive a Treatment (Referral Program).
(b) You will automatically be eligible to participate in the Referral Program when you sign up for an Account or make a Booking.
(c) By making an Account and enrolling in the Referral Program, you consent to receiving marketing emails and communications relating to the Referral Program from us.
(d) You may opt-out of receiving marketing emails and communications relating to the Referral Program by following the instructions provided in the email, or otherwise in accordance with our Privacy Policy.
(e) You acknowledge and agree that by opting out of communications relating to the Referral Program, you may not receive emails relating to your Referral Program benefits.
(f) The instructions and benefits available to you by participating in the Reward Program are as stated on our Website, from time to time.
9 THIRD PARTY GOODS AND SERVICES
(a) Any Service that requires us to acquire goods and services supplied by a third party on behalf of you may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies.
(b) You agree to such Third Party Terms and agree to familiarise yourself with any Third Party Terms applicable to any such goods and services.
10 REFUNDS, RESCHEDULING AND CANCELLATIONS
10.1 REFUNDS
You acknowledge and agree:
(a) that the Fees are non-refundable for change of mind; and
(b) that no refund will be given where a Treatment is unused or missed by you.
10.2 RESCHEDULING AND CANCELLATIONS
(a) We may need to reschedule our Treatment or limit the availability of our facilities on a temporary basis at any time, including as a result of any decision of a government authority in relation to COVID-19 or any threat of COVID-19 beyond our reasonable control; for the purposes of repairs, cleaning, maintenance, private functions or public holidays. We will notify you as soon as possible if it needs to reschedule a booked Treatment (Notification).
(b) Where you have made a Booking for a Treatment, you may request to cancel or reschedule no later than 24 hours before the Treatment start time, upon which we will consider such request in our discretion.
11 INTELLECTUAL PROPERTY
(a) You will not acquire Intellectual Property Rights in our IP under these Terms or as part of receiving a Treatment.
(b) For the purposes of this clause 11:
(i) “Element Health Centres IP” means the Material produced, owned or licenced by Element Health Centres prior to or developed in the course of providing the Treatment, either alone or in conjunction with the Client or others, and any Intellectual Property Rights attaching to that Material.
(ii) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world, including copyright, trade marks, designs, patents or other proprietary rights, confidential information and the right to have information kept confidential, or any rights to registration of such rights whether created before or after the time of Booking, whether registered or unregistered.
(iii) “Material” means tangible and intangible information, documents, reports, drawings, designs, software (including source and object code), inventions, concepts, data and other materials in any media whatsoever.
12 WARRANTIES
(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in these Terms are excluded.
(b) Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
13 LIABILITY AND INDEMNITIES
13.1 NO RELIANCE
You acknowledge that in paying for the Treatment and entering this agreement you did not rely on advice or coercion from Element Health Centres and that you are satisfied with the condition and suitability of the Equipment and Treatment and their fitness for your intended purpose.
13.2 LIABILITY
To the maximum extent permitted under applicable law, and without limiting any rights under the Competition and Consumer Act 2010 (Cth) Element Health Centres’ liability for all claims (whether they are for breach of this agreement, negligence or otherwise, and whether they are for economic loss, for personal injury or other damage) arising under or in connection with this agreement:
(a) is excluded where it is liability for:
(i) any indirect, special and consequential damages;
(ii) damages (whether direct or indirect) reflecting loss of revenue;
(iii) loss of profits or loss of goodwill; and
(b) is limited, where it is other liability, to the total money paid to Element Health Centres under this agreement on the date of the event resulting in the relevant liability (or, where there are multiple events, the date of the first such event).
13.3 INDEMNITY
You indemnify Element Health Centres from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:
(a) any breach of this agreement by you;
(b) any negligent, fraudulent or criminal act or omission by you; or
(c) an event, where circumstances giving rise to a claim, were caused or contributed to by you.
14 WARRANTIES
(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this agreement are excluded.
(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
15 PRIVACY
You agree to be bound by our Privacy Policy, which is available here.
16 DISPUTE RESOLUTION
(a) A party claiming that a dispute has arisen under or in connection with these Terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with these Terms must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
17 FORCE MAJEURE
(a) If we become unable, wholly or in part, to carry out an obligation under these Terms (other than an obligation to pay money) due to a Force Majeure Event, we must give to you prompt written notice of:
(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which we will be unable to perform or be delayed in performing its obligation.
(b) Subject to compliance with clause 15 the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
(c) We will use our best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
(d) For the purposes of these Terms, a ‘Force Majeure Event’ means any:
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii) strikes or other industrial action outside of the control of Element Health Centres;
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of Element Health Centres, to the extent it affects Element Health Centres’ ability to perform its obligations.
18 NOTICES
(a) A notice or other communication to a party under these Terms must be in writing and delivered via email to the other party, to the email address most regularly used by the parties to correspond (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given 24 hours after the email was sent, or when replied to by the other party, whichever is earlier.
19 GENERAL
19.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Western Australia, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
19.2 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
19.3 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
19.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
19.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
19.6 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
19.7 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation;
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
(k) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.
MOBILE TERMS OF SERVICE
ELEMENT HEALTH CENTRE
Last updated: Feb. 27, 2024
The Element Health Centre mobile message service (the “Service”) is operated by Element Health Centre (“Element Health Centre”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Element Health Centre’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Element Health Centre through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Element Health Centre. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to Element or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Element Health Centre mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to Element or email hello@elementcentre.com.au.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.