Legals

Practitioner Terms of Service

INTRODUCTION

The Company provides the “Bodhi Holistic Hub” online platform for holistic and complementary therapies. Use of Bodhi Holistic Hub is subject to these Terms of Service.

DEFINITIONS

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

ABN means Australian Business Number.
Account means a registered account with the Platform.
Approval Process means the application process to be approved for a Practitioner Account, as updated by the Company from time-to-time.
Booking Booking means a booking for Practitioner Services made via the Platform.
Booking Change & Cancellation Window means 24 hours prior to the scheduled state time of the Booking, or such other period as notified to the Practitioner from time-to-time.
Booking Fee means the fee payable by the Client to confirm a Booking, as set by the Practitioner.
Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Sydney, Australia.
Company means Bodhi Holistic Hub Pty Ltd ABN 92 654 747 501.
Confidential Information means any written or verbal information that:
- Any information deemed as confidential under these Terms of Service;
- A party informs the other party that it considers it confidential and/or proprietary;
- A party would reasonably consider to be confidential in the circumstances; and
- Is personal information within the meaning of the Privacy Act.
but does not include information that a party can establish:
- Was in the public domain at the time it was given to that party;
- Became part of the public domain, without that party’s involvement in any way, after being given to the party;
- Was in party's possession when it was given to the party, without having been acquired (directly or indirectly) from the disclosing party; or
- Was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
Corporations Act means the Corporations Act 2001 (Cth).
Client means a registered user that holds an Account to make Bookings.
GST has the meaning given by the A New Tax System (Goods and Activities Tax) Act 1999 (Cth).
Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
Learning Hub means the online content library made available by the Company which includes various resources, materials, and information on the topic of holistic therapies and wellness.
Listing means the Practitioner’s profile or listing page within the Platform offering Bookings, as updated from time-to-time by the Practitioner.
Message means a written communication sent between Clients and Practitioners via the Platform.
Payment Gateway means Stripe or such other payment system the Company may adopt within the Platform from time-to-time.
Platform means the “Bodhi Holistic Hub” digital platform owned and operated by the Company, and accessible from the Site.
Practitioner means a registered user that holds an Account to make a Listing and receive Bookings through the Platform.
Practitioner Services means the treatment services offered by a Practitioner and advertised in a Listing.
Privacy Act means the Privacy Act 1988 (Cth).
Privacy Policy means the Company’s privacy policy as updated from time-to-time, published on the Site.
Promotion means any promotion made available to the Client from time-to-time.
Review means a review of a Practitioner and/or Practitioner Services by a Client who has completed a Booking with the Practitioner.
Schedule means the calendar schedule within a Listing showing availability for Bookings.
Service Fee means a Fee charged by the Company on each Booking as a percentage of the Booking Fee, as notified to the Practitioner from time-to-time.
Sign-up Fee means the fee payable upfront by the Practitioner to create a Practitioner Account, as notified to the Practitioner from time-to-time.
Site means https://www.bodhiholistichub.com/ and any other URL where the Company makes the Platform available from time-to-time.
Tax Invoice has the meaning given by the A New Tax System (Goods and Activities Tax) Act 1999 (Cth).
Terms of Service means the terms and conditions of using the Platform, as updated from time-to-time.
User means any user of the Platform, including Clients and Practitioners.
User Content means images, information, documents, or other data that is uploaded or input into the Platform by the User or that forms part of the User’s Intellectual Property.

USING PLATFORM

General

The Practitioner agrees that all use of the Platform is subject to these Terms of Service.
The Practitioner must immediately cease to use the Platform if the Practitioner can no longer agree or adhere to these Terms of Service.
The Practitioner agrees to use the Platform in accordance with any instructions provided by the Company, within the Platform and/or on the Site.
The Company may suspend the Account or restrict the access of any Practitioner that breaches the terms of these Terms of Service.

Relationship

The Company’s role is limited to providing the digital platform to facilitate the delivery of Practitioner Services and the parties are directly responsible to each other with respect to Bookings.
The Practitioner acknowledges and agrees that:
- The contract for the performance of Practitioner Services is directly between the Practitioner and the Client;
- The Practitioner is not engaged by the Company and the Practitioner does not provide any goods or services on behalf of the Company; and
- Only the Practitioner is responsible for the Practitioner Services performed as part of a Booking.

Account and Approval Process

To use all features of the Platform and in particular make Listings, the Practitioner must have set up their Practitioner Account.
For clarity, the Practitioner may use certain features of the Platform without an Account, such as access the Learning Hub and view Listings of other registered Practitioners.
The Practitioner may hold two Accounts, one Client Account and one Practitioner Account.
To create a Practitioner Account, the Practitioner must go through the Approval Process and be approved by the Company.
The Practitioner must provide all information, documents and certifications reasonably requested by the Company as part of the Approval Process and complete any other required steps, including (without limitation) attending an interview and/or undertaking a demo treatment session.
The Company’s decision on whether to approve the Practitioner’s application shall be final and not the subject of review.
Where their application is refused, the Practitioner may re-apply to create a Practitioner Account after a reasonable time has passed.
If approved, the Practitioner must pay the Sign-up Fee in full to the Company to be granted the Practitioner Account (unless agreed otherwise by the Company).
Once the Practitioner Account is created, the Company shall provide reasonable support to the Practitioner to assist with the set up and deployment of their Practitioner Account.
Where necessary, the Practitioner authorises the Company to make required changes to their Practitioner Account and/or Listing to meet the Company’s standards and guidelines which includes (without limitation) formatting, branding and visual design requirements.
The Practitioner must provide accurate and complete information when setting up an Account and going through the Approval Process and, if necessary, update their Account to ensure that such information is maintained as current for the duration of these Terms of Service.
The Practitioner may update their information from within their Account at any time.
The Practitioner shall be responsible for the actions of any other users it authorises under their Account.

Features

The Company shall provide the Practitioner with access to and use of the features as agreed between the parties and provided within the Platform from time-to-time.

Listings

The Practitioner may create and manage Listings via their Account at any time.
The Company simply provides the platform for Practitioners to create Listings and the Practitioner shall have complete control over their Listing they advertise on the Platform, including (without limitation) the description of Practitioner Services and amount of Booking Fees, as well as any Promotions.
The Practitioner must ensure that all information in the Listing is true, accurate and complete, including (without limitation) the Practitioner's name, description, and experience.
By creating a Listing, the Practitioner warrants to the Company that they are authorised to undertake the Practitioner Services and have all necessary qualifications, accreditations, licences, or other credentials necessary to provide the advertised Practitioner Services.
The Practitioner must ensure that their availability as reflected in the Schedule is accurate and up to date at all times.
Once a Booking is confirmed, and where Bookings require pre-approval, which are approved by the Practitioner, the Practitioner agrees to provide the Practitioner Services to the Client at the scheduled time.
The Company makes no representation or guarantee that the Practitioner will be selected for Bookings via the Platform.
The Company makes no representation or guarantee that a Client Account and other information made available to the Practitioner via the Platform are complete, accurate and up to date.

Bookings, Rescheduling and Cancellations

The Practitioner may receive Bookings via the Platform which shall be subject to the Client paying the full Booking Fee.
Once a Booking is confirmed, the Practitioner will receive a written confirmation with relevant details including (without limitation) the Client’s name and the Practitioner Services booked.
The Practitioner may communicate directly with the Client via Messages once a Booking is confirmed.
Bookings are managed directly between the Practitioner and the Client, and the Company is not involved in the making, managing and/or cancelling of Bookings.
The Practitioner will receive a notification where a Client wishes to reschedule or cancel a Booking, and acknowledges that provided the request is submitted before the Booking Change Window the Client will be refunded (or credited) the Booking Fee in full (less any processing fees that may apply in making the payment transaction).
The Company accepts no responsibility for any loss incurred by the Practitioner relating to Bookings, including where a result of missed or cancelled Bookings.

Reviews

The Practitioner may receive and respond to Reviews left by Clients who received Practitioner Services via completed Bookings.
Reviews will be viewable on the Practitioner’s Listing and are moderated by the Company.
The Practitioner should notify the Company where it believes that a particular Review is untrue, unfair, inaccurate, offensive, or otherwise inappropriate.

Complaints

The Practitioner may notify the Company of any complaints in writing to [email protected], whether relating to a particular Client and their general behaviour or using the Platform generally.
Where the Company has reasonable grounds to believe that the Practitioner is in breach of these Terms of Service or the subject to genuine negative feedback from Clients, the Company may in its complete discretion suspend their Account until such time as the issue is appropriately resolved

FEES

Service Fee

The Practitioner will only receive a Booking once the Client pays the applicable Booking Fee in full via the Payment Gateway within the Platform.
The Company shall charge the Service Fee on each Booking as consideration for facilitating the transaction via the Platform.
The Service Fee charged will vary depending on whether the Booking is for a new Client or existing Client, as notified by the Company.
Payment shall be released to the Practitioner only once the Practitioner Services under the Booking are completed and in particular around 24 hours after the Booking completion time.
The Service Fee shall be deducted on each payment by the Company at the time funds are released to the Practitioner via the Payment Gateway

Variations

The Company reserves the right to introduce or change any Fees from time-to-time by giving the Practitioner written notice. Any new or changed Fees will apply at the next transaction after the Practitioner has been given such notice.
If the Practitioner does not accept a change to any Fees, then they can simply terminate their Account and stop using the Platform.

Current

All Fees are payable in Australian dollars, however transactions may be processed in an equivalent foreign currency (such as US dollars).

GST

GST is applicable to any Fees charged to the Practitioner. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Practitioner will be provided with a Tax Invoice for any payments.

Refunds

No refunds are provided except where required under law, at the Company’s absolute discretion or otherwise in accordance with these Terms of Service.

USER CONTENT

The User acknowledges and agrees that:

The Platform may enable the User to create User Content, but that by doing so the User shall not acquire an interest to any Intellectual Property owned by the Company which may exist in the Platform;
User Content is the sole responsibility of the individual that provided the User Content to the Platform;
The User indemnifies the Company for any User Content that is illegal, offensive, indecent or objectionable that the User makes available using the Platform;
The Company may suspend accessibility to User Content via the Platform that the Company determines is illegal, offensive, indecent or objectionable in its sole discretion;
To the extent permitted by law, under no circumstances will the Company be liable in any way for User Content;
The User warrants that it has all necessary Intellectual Property rights to use User Content and shall indemnify the Company for any infringement the User commits of third-party Intellectual Property rights by using User Content on the Platform; and
In order to provide the services afforded by the Platform, where the User Content includes the User’s business name, brand, logo or other Intellectual Property, it grants the Company a worldwide, revocable license to use the User Content, for the term of these Terms of Service.

GENERAL CONDITIONS

Licence

By accepting the terms and conditions of these Terms of Service, the Practitioner is granted a limited, non-exclusive and revocable licence to access and use the Platform for the duration of these Terms of Service, in accordance with the terms and conditions of these Terms of Service.
The Company may revoke or suspend the Practitioner’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in these Terms of Service by the Practitioner.

Modification of Terms

The terms of these Terms of Service may be updated by the Company from time-to-time.
Where the Company modifies the terms, it will provide the Practitioner with written notice, and the Practitioner will be required to accept the modified terms to continue using the Platform.

Software-as-a-Service

The Practitioner agrees and accepts that the Platform is:
- Hosted on servers managed by the Company, or by third-party service providers and systems approved by the Company, and shall only be accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the Practitioner’s systems; and
- Managed and supported by the Company and other third-party service providers engaged by the Company from time-to-time from the servers, and that no ‘back-end’ access to the Platform is available to the Practitioner unless expressly agreed in writing
As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Platform.

Third Party Dependencies

The Practitioner agrees and acknowledges that the Platform has third party dependencies which may affect its availability, including (without limitation) internet service providers and hosting services, and that the Company has no means of controlling the availability of such dependencies and shall not be liable for any interruptions to such.

Use & Availability

The Practitioner agrees that they shall only use the Platform for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
The Practitioner is solely responsible for the security of their username and password for access to the Platform. The Practitioner shall notify the Company as soon as it becomes aware of any unauthorised access of their Account.
The Practitioner agrees that the Company shall provide access to the Platform to the best of its abilities, however:
- Access to the Platform may be prevented by issues outside of its control; and
- It accepts no responsibility for ongoing access to the Platform.

Support

The Company provides Practitioner support for the Platform via the email address [email protected].
The Company shall endeavour to respond to all support requests within 3 Business Days.

Privacy

The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about Practitioners.
The Privacy Policy does not apply to how the Practitioner handles personal information. If necessary under the Privacy Act, it is the Practitioner’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.
The Company may use cookies (a small electronic tracking code) to improve a Practitioner’s experience while browsing, while also sending browsing information back to the Company. The Practitioner may manage how it handles cookies in their own browser settings.

Intellectual Property

Trade marks. The Company has moral & registered rights in its trade marks and the Practitioner shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the Practitioner agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The Practitioner warrants that it shall not infringe on any third-party rights through the use of the Platform.
Content. All content submitted to the Company, whether via the Platform or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the Practitioner or any other party with respect to the Platform.

Confidentiality

The Company agrees to keep all Practitioner Content in the strictest confidence, and to the extent Practitioner Content is accessed and/or received by the Company it shall be deemed as Confidential Information for the purposes of these Terms of Service.
Each party acknowledges and agrees that:
- the Confidential Information is secret, confidential and valuable to the disclosing party (Discloser);
- it owes an obligation of confidence to the Discloser concerning the Confidential Information;
- it must not disclose the Confidential Information to a third party except as permitted in these Terms of Service;
- all Intellectual Property rights remain vested in the Discloser, but disclosure of Confidential Information does not in any way transfer or assign any rights or interests in the Intellectual Property to the receiving party; and
- any breach or threatened breach by the receiving party of an obligation under these Terms of Service may cause the Discloser immediate and irreparable harm for which damages alone may not be an adequate remedy. Consequently, the Discloser has the right, in addition to other remedies available at law or in equity, to seek injunctive relief against the receiving party (and its agents, assigns, employees, officers and directors, personally) or to compel specific performance of this clause.
A party must notify the Discloser in writing, giving full details known to it immediately, when it becomes aware of:
- any actual, suspected, likely or threatened breach by it of any obligations it has in relation to the Confidential Information.
- any actual, suspected, likely or threatened breach by any person of any obligation in relation to the Confidential Information; or
- any actual, suspected, likely or threatened theft, loss, damage, or unauthorized access, use or disclosure of or to any Confidential Information.
The receiving party must promptly take all steps that the Discloser may reasonably require and must co-operate with any investigation, litigation or other action of the Discloser or of a related body corporate if there is:
- any actual, suspected, likely or threatened breach of a term of these Terms of Service; or
- any theft, loss, damage or unauthorized access, use or disclosure of or to any Confidential Information that is or was in its possession or control.

Liability & Indemnity

The Practitioner agrees that it uses the Platform at its own risk.
The Company makes no representation or guarantee that the Practitioner will be satisfied with Platform and services offered by the Company generally.
The Practitioner agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the Practitioner’s use of or conduct in connection with the Platform, including any breach by the Practitioner of these Terms of Service.
In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, injury, illness, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Practitioner’s access to, or use of, or inability to use the Platform, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, injury, illness or business interruption of any type, whether in tort, contract or otherwise.
Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
- The re-supply of services or payment of the cost of re-supply of services; or
- The replacement or repair of goods or payment of the cost of replacement or repair.

Termination

The Practitioner may terminate these Terms of Service at any time by giving the Company written notice to [email protected].
The Company may terminate these Terms of Service if the Practitioner is in breach of these Terms and:
- That breach is not capable of remedy;
- The breach is material, wilful, reckless or repetitious;
- The breach compromises the Intellectual Property rights of the Company; and/or
- The breach can be remedied but is not remedied within 5 Business Days of being given notice of that breach by the Company.
Termination is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of these Terms of Service up to the date of expiry or termination.
If at the effective date of termination the Practitioner has active Bookings not yet completed, then the Practitioner must carry out those Bookings as scheduled and termination shall be extended until such time that all existing Bookings are complete (unless the Company permits earlier termination in its complete discretion).

Dispute Resolution

If any dispute arises between the parties in connection with these Terms of Service (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
- Includes or is accompanied by full and detailed particulars of the Dispute; and
- Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.

Electronic Communication & Notices

The parties agree to be bound by these Terms of Service where the terms of these Terms of Service are accepted by the Practitioner electronically.
The Practitioner can direct notices, enquiries, complaints and so forth to the Company as set out in these Terms of Service. The Company will notify the Practitioner of a change of details from time-to-time.
The Company will send the Practitioner notices and other correspondence to the details that the Practitioner submits to the Company, or that the Practitioner notifies the Company of from time-to-time. It is the Practitioner’s responsibility to update its contact details as they change.
A consent, notice or communication under these Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law.
Notices must be sent to the parties’ most recent known contact details.

General

Special Conditions. The parties may agree to any Special Conditions to these Terms of Service in writing.
Assignment.
- The Practitioner may not assign or otherwise create an interest in these Terms of Service.
- The Company may assign or otherwise create an interest in its rights under these Terms of Service by giving written notice to the Practitioner.
Prevalence. To the extent these Terms of Service is in conflict with, or inconsistent with any Special Conditions made under these Terms of Service, the terms of those Special Conditions shall prevail.
Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms of Service.
Relationship. The relationship of the parties to these Terms of Service does not form a joint venture or partnership.
Waiver. No clause of these Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms of Service and the transaction facilitated by it.
Governing Law. These Terms of Service are governed by the laws of New South Wales, Australia. Each of the parties hereby submits to the exclusive jurisdiction of courts with jurisdiction there.
Severability. Any clause of these Terms of Service, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms of Service.