Terms And Conditions
Last updated: 24 June 2024
This site is owned and operated by Be Health and Life Wellness Pty Ltd ABN 88 673 996 846 (“Be Life” or “BE”).
These terms and conditions (the “terms and conditions”) govern your access to, and use of the “site” – which in these terms and conditions means:
our website, www.belife.com.au;
any application or online portal that we make available to you for the purpose of accessing our content and interacting with us;
and (where appropriate to the context) includes any services or advice that we provide to you.
Your access and use is conditional upon your ongoing acceptance of, and compliance with, these terms and conditions.
Suitability of the site
You must use the site only in accordance with these terms and conditions; and comply with any BE policies that we give you notice of from time to time.
The site is not suitable for medical or health emergencies, or any situations requiring urgent professional advice, treatment or care. Nor is it a replacement for professional diagnosis and/or treatment by trained professionals such as your primary care doctor or specialist. BE encourages ongoing visits with your primary care doctor, psychologist or other relevant medical or health professional to help facilitate proper management of your health and wellbeing.
Whilst we believe our programs and services are likely to be effective, we cannot guarantee results or successful outcomes.
You acknowledge and agree:
to use the site, subject always to any advice that is provided by your doctor or other qualified medical professional;
to ensure that all information you provide to us must be complete and accurate;
to contact and seek the assistance and advice of your own doctor or health professional (and in appropriate cases, local emergency services) as and when needed;
you will not use the site if any of the following apply:
you need urgent medical attention;
you are unable to give informed consent, for any reason.
Fees and Charges
In consideration of the provision of the site, you agree to pay to us all applicable fees and charges.
All charges and prices as shown on our website are in Australian Dollars and inclusive of GST where applicable and delivery charges.
We accept all major credit cards including MasterCard and Visa. Your credit card will be billed as soon as your order is placed.
We may increase our fees from time to time by giving you at least 30 days prior notice. If you do not agree to the increased fees, your access to the site will be terminated (if applicable, when your subscription balance reaches zero).
If you fail to pay any fees or other amounts due to us under these terms and conditions (including where any payment using a credit card or other payment facility is rejected or charged back) then (without prejudice to our other rights) we may issue a notice to you stating that the relevant amount is overdue. If we do not receive payment of the relevant amounts within 14 days of the date of the overdue notice, we may disable your access to the site until such time as the outstanding amount is paid in full. We will not be liable for any loss or damage suffered by you as a result of exercising our rights under this clause.
Subscriptions and Consultations
After your initial free 15-minute discovery call, BE’s services usually begin with a 70-minute consultation. Before your first paid consultation we will provide you specific details about how we will charge you and take payment, if necessary to supplement these terms and conditions.
The cost of a BE subscription is charged to your nominated credit or debit card on a recurrent monthly basis, upfront. You can view what is included in your subscription, and pricing details, here.
If you wish to purchase additional consultations beyond what is included in your subscription, we will provide you pricing details.
Cancellation and Refunds
You can cancel your subscription at any time. If you do so:
your subscription will expire at the end of your subscription period and will not renew;
if you have an unused consultation still available in your account, you will be able to access this consultation anytime up until the end of your subscription period.
Fees will not be refunded or waived if you cancel your subscription, or our agreement with you is validly terminated for any reason. It is possible to cancel an individual appointment if you need to do. Please refer to our Cancellation Policy.
Medicare and Health Insurance Cover and Rebates
If you have private health insurance, you should make your own enquiries about eligibility for a rebate on the cost of our services from the insurer. Your policy terms, and the level of rebate, is a matter between you and your insurer.
Availability of Medicare rebates is determined by Medicare.
BE makes no representation or warranty regarding any benefits, payments or reimbursements which you may be entitled to from any other party. Failure of a third party to provide you with any rebate does not constitute grounds for delaying or failing to pay any fee that is due to BE.
Site Use
To register for an account with BE, and to use the site, you must:
be over 18 years old;
reside in Australia; and
be capable of entering into a legally binding agreement with BE.
You are responsible for protecting the security and privacy of your login details and must notify us immediately in the event they are lost or if you know of or suspect any unauthorised use. You are solely responsible for all activity that occurs under your account and must not allow any other party to access or use your account or login details. You may use the site for your personal benefit and lawful purposes only. You must not provide or reveal your login details to any other person.
You must not use the site:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose;
to knowingly transmit, send, store or upload:
any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (including spam); or
any material that contains viruses or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
any unacceptable content onto the site.
You are responsible for maintaining and ensuring the compatibility of your own hardware, software and internet, network capabilities, third party applications and other technology necessary to access and use the site. Unless otherwise agreed in writing between you and us, we are not required to provide any technical or other support to you in relation to the site.
Subcontractors
You agree and acknowledge that we may subcontract the performance of any of our obligations or the exercise of any of our rights under these terms and conditions to any person without your consent and on such terms and conditions as we deem fit from time to time.
Intellectual Property
All trademarks, service marks, trade names and branding associated with the site, and all content published and made available on our site is owned, registered and/or used under licence by BE.
BE grants you a worldwide, non-exclusive, royalty-free, revocable license when you access the site to:
use the site and its content pursuant to these terms and conditions;
store information from the site in your device’s cache memory; and
print pages from the site for your own personal and non-commercial use.
All other rights are expressly reserved.
You may not, without our prior written permission:
broadcast, republish, upload to a third party, transmit, distribute, link to, show in public, frame, mirror, adapt or change in any way content that you obtain from the site, unless the content in question is otherwise freely available for re-use or in the public domain;
modify, adapt, translate, reverse engineer, de-compile, disassemble or copy all or any part of the site and not create derivative works from all or any part of the site;
attempt to circumvent or break any encryption, decryption or other security device or technological protection measure contained in the site; or
distribute, transfer, assign, rent, lease, lend, sell, licence or otherwise dispose of all or any part of the site or any work or other material derived from the site.
Privacy and Data Security
You acknowledge and agree that:
you have read and understood our Privacy Policy, and agree to our collection, management, use and disclosure of your personal information in accordance with the Privacy Policy and applicable laws;
the transmission and exchange of information to and from the site is at your own risk; and
although BE takes measures to safeguard against unauthorised access to and disclosure of information, we do not warrant, represent or guarantee the security of any information that you transmit to us or receive from us in a digital or online form.
Further, we do not warrant that any information, data, software or other material accessible
from the site is free of computer viruses, trojan horses, worms, or other computer programs,
code or other harmful components.
Indemnity and Limitation of Liability
To the extent permitted by law:
You use the site at your own risk.
BE and our directors, officers, shareholders, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, or expenses (such as legal fees) arising out of your use of the site (“Loss and Damage”).
You agree to indemnify and hold harmless BE and our directors, officers, shareholders, agents, employees, subsidiaries, and affiliates from and against any Loss and Damage arising out of:
your use of the site (save only to the extent that Loss and Damage is directly caused by negligence on the part of BE); and/or
any violation by you of these terms and conditions.
We do not warrant or guarantee:
suitability of the site for you;
any particular results, or health outcomes from your use of the site;
that the site will be compatible with, or capable of being used on or in connection with, your computer and communications systems; or
that your access to the site will be uninterrupted or error free.
Nothing in these terms and conditions should be interpreted as attempting to exclude, restrict or modify the application of relevant consumer protection laws, consumer guarantees, or other laws that cannot be contractually excluded, restricted or modified.
Termination and Suspension
We may disable, block or limit your access to or use of the site at any time if, in our absolute discretion, we consider that you have misused it or are in breach of these terms and conditions.
We may, by written notice to you, terminate our agreement with you, with immediate effect, if:
you fail to comply with any written notice issued by us requiring you to remedy a breach, non-observance or non-performance of your obligations under these terms and conditions within seven days of receiving that notice from us; or
you commit a breach of these terms and conditions which is incapable of remedy.
Without limiting our rights under this clause or otherwise, either party (BE or you) may terminate our agreement at any time and without cause by providing the other party with no less than 30 days written notice of termination.
Upon valid termination or expiry of our agreement with you (howsoever effected):
We cease to have any obligations under these terms and conditions or otherwise with respect to the provision of the site; and we may disconnect your access to the site, disable all authentication credentials and delete your data.
You must immediately:
cease using the site; and
pay to us all fees, expenses or other sums payable to us which have accrued or are payable up to and including the date of termination.
Any termination for a breach or default by you will be without prejudice to BE’s right to claim any damages or other remedies as may be available.
General
Goods and Services Tax (GST)
Unless expressly stated otherwise, all dollar amounts listed on the site are inclusive of GST.
If GST is imposed in respect of a supply made by BE to you, you must pay the GST component to us at the same time and in the same way as payment for the taxable supply is required to be made.
Applicable Law
These terms and conditions are governed by the laws of the state of Western Australia.
Dispute Resolution
If a dispute arises out of or in relation to these terms and conditions, or your use of the site, you must not commence legal proceedings in relation to the dispute (except where urgent interlocutory relief is sought) without first:
giving us written notice dealing the nature of the dispute, the desired outcome and the action required to settle the dispute; and
using reasonable endeavours to attempt to resolve the dispute.
Severability
If at any time any of the provisions set forth in these terms and conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these terms of conditions. All other provisions will not be affected by the removal and the rest of these terms and conditions will still be considered valid.
Changes
BE reserves the right to review and amend these terms and conditions from time to time in our sole discretion. For example, we may do so in order to: comply with the law; accommodate changes to our business or the way we operate our site; or to better reflect the way we expect you to behave on our site.
We will give reasonable notice of any changes – usually by email and/or a notice posted on the site. By continuing to access and use the site, you will agree to be bound by such changes.
No Waiver
A failure to exercise or a delay in exercising any right, power or remedy under these terms and conditions does not operate as a waiver.
A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy.
A waiver is not valid or binding on the party granting that waiver unless made in writing.
Force Majeure
If BE is prevented, hindered or delayed from performing its obligations under these terms and conditions by any event or circumstance beyond BE’s control (including industrial action, acts of third parties, flood, fire, accident, earthquake, pandemic, riot, explosion, war, act of government, military or regulatory authority, change in a law or regulation, disruption of internet provision, communication, power or other utility) (“Force Majeure Event”), then as long as that situation continues, we will be excused from performance of our obligations to the extent we are so prevented, hindered or delayed; and the time for performance of the obligation will be extended accordingly. If we are affected by a Force Majeure Event we will immediately notify you, and use all reasonable endeavours to minimise the effect of the Force Majeure Event and bring it to an end.