Terms & Conditions | Kaleidoscope Wellbeing
17176
page-template-default,page,page-id-17176,bridge-core-1.0.7,cookies-not-set,qode-listing-2.0.3,qode-lms-2.0.3,qode-news-2.0.2,qode-quick-links-2.0,ajax_fade,page_not_loaded,,side_area_uncovered_from_content,hide_top_bar_on_mobile_header,qode-child-theme-ver-1.0.0,qode-theme-ver-18.2.1,qode-theme-bridge,qode_advanced_footer_responsive_1000,qode_header_in_grid,wpb-js-composer js-comp-ver-7.5,vc_responsive
 

Terms & Conditions

Last updated 28 September, 2023

Introduction

Hello and welcome! This website, www.kaleidoscopewellbeing.com.au, is owned and operated and has been lovingly created by Mackay Partners Pty Ltd trading as Kaleidoscope Wellbeing®, ACN: 15 091 232 941.

This document sets out the Terms and Conditions you need to be aware of when using this website and our social media profiles/pages/groups, purchasing from us, and working with us. Please take the time to read it, as it sets out the terms of our relationship so that we may benefit from clear boundaries and knowing what to expect from each other.

If you have any questions or need further information, please contact Yasmin Nekula, using the contact form on this website, or write to:

Yasmin Nekula
Kaleidoscope Wellbeing
PO Box 389
WAHROONGA NSW 2076
AUSTRALIA

In these Terms & Conditions, “we”, “us”, “our”, “our company”, and “Kaleidoscope Wellbeing®” refer to Mackay Partners Pty Ltd, trading as Kaleidoscope Wellbeing®.

When you visit this website, or purchase our services or products, you agree that you are over the age of 18 and willing to be bound by these Terms & Conditions. If you don’t agree, you should not continue to visit this website or purchase anything from us.

All products and services advertised on this website are offered in compliance with Australian Consumer Law.

These Terms & Conditions may be changed or modified from time to time. Please check back regularly to ensure you are aware of any changes.

For some of our services, courses and programs, we may have additional, specific terms of service. If these apply, they will be provided to you separately, and we will ask you to read and accept them. If there is any inconsistency between these Terms & Conditions and the specific terms of service provided to you, these Terms & Conditions are overruled to the extent of the inconsistency.

Content disclaimer

On this website and in our social media profiles/pages/groups, we provide information, articles, recipes, infographics, videos, hints and tips and downloadable resources such as eBooks and guides about diet, foods, nutrition, healthy lifestyle, general health and wellbeing and specific health conditions.

This content is provided solely for your information, education and interest and to enhance your understanding about nutrition, healthy lifestyle, and health and wellbeing. To function well in this world and live a productive, creative, meaningful and happy life, we need good health and wellbeing – physical, mental, emotional and spiritual, and the information we provide can help you along the path to achieving optimal health.

Content policy

We conduct extensive research in order to provide content that we believe to be valuable and true, but we have no responsibility for the use that you make of that information.

Please be aware that the generalised information we provide is not a substitute for specialist advice tailored to your individual circumstances.

There is no professional relationship formed by your visit to our website unless you explicitly choose to work with us by purchasing our services or products.

Any testimonials or results we may display on this website are based on our experience and those of our previous clients. They are not guarantees that anyone else will achieve the same results.

While we take all reasonable care to ensure that the content we create is accurate, relevant and up to date, we make no guarantees and disclaim any legal liability for inaccuracy, incompleteness or error. If you see any errors or omissions, we would really appreciate you letting us know.

We may modify our content at any time, including altering or deleting it without notice.

Visitor responsibilities

While we take great care to provide accurate and helpful information and believe strongly in what we write and say, we ask you to consider the information on our website carefully. This website cannot take into account individual circumstances and is not a substitute for health and medical advice from a qualified health professional. You are responsible for your own health, safety and wellbeing. Before acting on any of the information provided on this website, you should always conduct your own research, consider the risks and benefits involved, and seek the advice of a qualified health professional. Before purchasing any product or service described on our website, you should consider if the product or service is appropriate for you and your unique personal circumstances, goals and needs. You are welcome to contact us if you have questions.

As a user of our website, you agree not to behave maliciously, spam any other user, post defamatory content about anyone, infect any aspect of our website with malware, hack into any part of our website where you don’t have our permission to be, or use our website for any purpose other than consuming our content, engaging in our programs, and purchasing our products or services. You also agree not to use our website or content in any way that is unlawful or harmful to any other person or business. If you do, we have the right to refuse you service and ban you from accessing our website or social media profiles/pages/groups.

Downloads

Our website and social media profiles/pages/groups may offer paid and free downloads. While we take cybersecurity seriously and take the utmost care to ensure our content is safe and hassle-free, we are not responsible for viruses or any other damage which might occur as a result of you downloading material from our website or social media profiles/pages/groups. Please ensure you have adequate cyber security including protection against viruses and other malicious attacks that may occur without our knowledge or consent.

External links

We may provide links to external sites operated by our affiliates or other third parties. We have no control over the information provided on these sites, and the links are solely for your information or education. We do not endorse any products or services they offer for sale and have no relationship with them unless otherwise clearly described. Clicking on these links or entering into any relationship with these third parties is at your own risk, and we are not a party to the transaction in any way. If you find a broken link, please let us know!

Disclaimer for services and products

Ways to work with us

There are a number of ways you may choose to work with us. The terms and conditions in this document apply to all of our services and products unless alternative terms are explicitly provided to you.

  • One-on-one consultation packages – We offer online holistic health and nutrition consultation packages for individuals.
  • Courses and programs – We offer online courses and programs in individual and group settings.
  • Webinars and workshops – We may offer free or paid in-person or online webinars and workshops. Online events may be live or pre-recorded.
  • Organisational wellbeing – We offer employee / stakeholder / client wellbeing programs, workshops and presentations.
  • Keynote presentations – We offer tailored keynote presentations for events.

Our intention in offering these services and products is to help you improve your overall health and wellbeing by educating you, equipping you with helpful skills, resources and practices, and supporting you to make specific, appropriate, evidence-based changes to your diet and lifestyle.

Why work with us?

Our principal practitioner, Yasmin Nekula, is a qualified natural medicine practitioner and clinical nutritionist. She holds the following qualifications:

  • Bachelor of Health Science with a major in Nutrition
  • Advanced Diploma in Nutritional Medicine
  • Bachelor of Business

Yasmin is an accredited practitioner with the Australian Traditional-Medicine Society (ATMS).

Yasmin has studied anatomy, physiology and body systems, biochemistry and nutritional biochemistry, pathophysiology and symptomatology, pharmacology and pathology and is trained in holistic health and lifestyle assessment, dietary analysis and planning, integrative natural treatment of health conditions, interpreting scientific research and evidence-based practice.

We take our professional responsibility to our clients very seriously, and care deeply about providing high-quality, best-practice, evidence-based care. We treat all our clients with courtesy and respect. We are committed to providing safe and appropriate health care, taking into account our clients’ values and preferences, and to operating within our scope of practice, which includes nutrition and diet advice, prescription of nutritional supplements and lifestyle advice, and to providing education, implementation support and accountability for our clients.

We love researching and we stay up to date on the latest scientific evidence. We are trained to find and interpret scientific research and apply the learnings to clinical practice. In addition, as an ATMS-accredited practitioner (and as a perpetually enthusiastic learner!), Yasmin undertakes ongoing professional development in a range of topics, including health, nutrition, mindset, coaching, exercise, lifestyle and clinical practice.

We are bound by two codes of conduct:

What we expect from you

Important information about how to care for your own wellbeing, and how to get the most out of working with us, is set out below. If you have any questions or concerns, please contact us before proceeding with your purchase.

Obtain independent professional advice
Our service is not a substitute for medical advice for your specific circumstances. It is your responsibility to seek independent advice from your doctor or other appropriate medical professional before using our services.

If you have legal or financial questions about our services, courses or programs, you should consult a lawyer or other suitably qualified finance professional.

Before booking with us
If you haven’t worked with us before, the first step is to book a free Health Strategy Session with us. This is a 20-30 minute online session which allows us to see if we are a good fit to work together. We’ll explore your unique health situation and objectives so I can determine if I can help you, and we’ll discuss the strategies which could make a difference to you. If you would like to work with me, I will then provide you with a link to book your first consultation.

Similarly, before purchasing one of our courses or programs, we require you to book a free Health Strategy Session with us, to see if the program is right for you.

You can book your free Health Strategy Session here.

Before working with us
When you purchase one of our packages, courses or programs, we will send you a Welcome Pack including our Terms & Conditions. These detail the terms of our relationship, so that we may benefit from clear boundaries and knowing what to expect from each other. It is important that you read these Terms & Conditions carefully. If you decide to work with us, you agree to these Terms & Conditions. If you have any questions about our Terms & Conditions, we encourage you to contact us to discuss them and/or obtain independent advice.

Prescribed medications and medical treatment
You must not stop taking any medication or discontinue any treatment plans which have been prescribed to you by your doctor, without first discussing this with your doctor.

We encourage you to let your doctor know that you are working with us. We are happy to work collaboratively as part of your holistic health care team to achieve the best results for you.

Accurate and complete information
In order for us to serve you safely and provide the most appropriate recommendations and advice for your circumstances, we need to gather information about you. We will ask you questions before and during your treatment, and we require you to answer all our questions as accurately and completely as possible. We cannot be responsible for outcomes if you neglect to tell us something. We will ask you questions about your health and lifestyle, including (but not limited to) the following areas: your health history, family health history, medical diagnoses, medications, supplements, allergies, intolerances, symptoms, results of previous blood tests/other relevant tests, doctors or other health professionals you are being treated by, diet, exercise, lifestyle habits and health objectives.

Your commitment and active involvement
Improving your health is not possible without your commitment and active involvement! If you decide to work with us, and we determine that you are a good fit as a client, we expect that you will take responsibility for your part in our relationship.

We require you to be open, ready and willing to listen and commit to making the changes we recommend, including diet and lifestyle changes and purchasing and taking prescribed supplements (which are at an additional cost). We also ask that you seriously consider getting the pathology/functional tests that we recommend (if we recommend them, and which will be at an additional cost), as these will help us to develop your treatment plan and/or monitor your progress.

At any stage of your treatment, if any of our recommendations or any supplements or tests we prescribe do not feel right to you, please discuss it with us as soon as possible so that we can suggest alternative options.

Keep us informed
It’s important that you keep us informed of changes in your health or health care, so that we can help you and/or adjust your treatment if necessary. You must inform us if:

  • your symptoms worsen while you are working with us, or if you experience new symptoms;
  • you are prescribed any new medication, herbs or supplements by your doctor or any other health professional, or your medication dosage/s change/s;
  • you are diagnosed with any new medical condition/s;
  • you become pregnant; or
  • you suspect you are experiencing adverse effects due to a supplement or supplements we have prescribed for you.

In case of an emergency, please call 000 in Australia, or the emergency number in your country.

Important information

When you will receive your treatment plan
Please note that you will not receive your treatment plan until your second consultation. The purpose of the Initial Consultation is information gathering. Following that, a treatment plan will be developed, which will be presented and explained in detail in the Second Consultation. You can read more about our consultation process here.

Supplements, functional pathology tests and blood tests
The cost of any prescribed supplements or recommended pathology/functional tests is additional to the cost of our services. Kaleidoscope Wellbeing® does not sell supplements directly or provide testing. If supplements or testing are prescribed, we will provide a prescription for you to order and purchase these directly from one of our recommended suppliers.

Blood, saliva, urine, and stool samples are collected by our third-party pathology testing partners. In some cases you may need to physically visit one of our pathology partners so they can collect a sample from you. In other cases, you may be able to collect your own sample/s at home, and then arrange to send the sample/s to one of our pathology partners. We will provide you with specific instructions for each test we prescribe.

We may at times also recommend that you see your doctor to ask for various blood tests which can provide additional information about your current health or your progress with treatment. We will discuss and explain this to you if/when it is relevant.

Improvements in your health can take time
It is important to understand that achieving improvements in your health can sometimes take time – especially if you have been unwell, have had a particular health condition, have been overweight or have suffered from chronic stress for years. If it took years for you to get where you are now, then it’s only reasonable that it will take time for us, together, to rebalance your health! Patience is required – in addition to you actually making the changes we recommend. Treatment may take weeks or even months.

Please understand that we do not promise or guarantee any specific results. Your results will be unique to you.

Referrals
If we determine that you require care which is outside our scope of expertise and training, we may recommend a referral to another, appropriate health professional. With your prior permission, we will write a referral letter and share relevant details of your health journey and objectives with the chosen health professional so that you may seek their advice and/or treatment.

Adverse reactions
On very rare occasion, it is possible that you may experience an adverse reaction to a supplement we have prescribed. If you suspect this has happened, please stop using the supplement and notify us immediately so that we can give you instructions, and if necessary, report the incident to the Therapeutic Goods Administration (TGA).

Medical disclaimer
We are not medical or mental health professionals. Our work is not a substitute for medical advice, mental health support, therapy or counselling.
At all times, you remain fully responsible for your own physical, emotional and mental health and wellbeing. If any concerns arise during our work together, we strongly recommend you seek advice from an appropriately qualified professional or support service.

We do not promise or guarantee any specific results. Your results will be unique to you. Any testimonials or results we may share on our website or on our social media profiles/pages/groups are based on our experience and those of our previous clients. They are not guarantees that anyone else will achieve the same results.

Treatment results vary from person to person. Your results will depend on your age, health, diet, lifestyle, genetics, commitment to the process, the actions you decide to take, and a wide range of factors outside our control.

Responsibility
It is our responsibility to make safe, appropriate, evidence-based diet, lifestyle, supplement and testing recommendations for your specific health situation, life circumstances, goals and objectives, to educate you so that you can make informed choices about your health, and to support you to make appropriate changes.

It is your responsibility to assess the appropriateness of our recommendations for you, commit to improving your health, and take the actions necessary to achieve your objectives. At all times, you remain fully responsible for your own health and physical, emotional and mental wellbeing.

Client suitability
We work with people over the age of 18, who wish to improve their health and wellbeing through natural medicine, diet and lifestyle strategies.
You may not be a good fit as a client if you have been diagnosed with and/or are currently receiving care for, a serious or life-threatening illness, including a diagnosed mental illness. Please discuss this with us in your free discovery call, so we can let you know if working with us is appropriate for you.

We do not work with infants or children under the age of 18 years, or pregnant persons, as these people require specialised care.

Indemnity

We do not make any guarantees or warranties about the accuracy of any material displayed on this website, or the products, services, courses or programs offered through it, except for any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law. We are human and errors can sometimes creep in despite the best of intentions. If you see something that doesn’t seem right, please let us know.

While we make all reasonable efforts to ensure that this website and our services and products meet the highest standards of best practice, if something does go wrong that is not a direct result of our negligence, misrepresentation or deliberate fault, you agree that, to the fullest extent permitted by law, we will not be liable for any loss or damage arising out of or related to our website, any products or services purchased through it, or any material posted on it, irrespective of whether such damages were foreseeable, and regardless of the nature of the claim.

You take full responsibility for your implementation of any suggestions that we may make while providing our services. You understand that our advice is limited to providing you with options for your consideration, and that you are solely responsible for any actions that you choose to take. Always consult your own values and vision, do your own research, and check with appropriately qualified professionals before making major decisions or making significant changes. You agree to indemnify us against all consequences arising directly or indirectly from your choices.

You expressly agree that if this indemnity is unenforceable for any reason, our total cumulative liability for all causes of action of any kind shall not exceed the amount that you have paid to us.

Payment Terms

Currency and GST

All our prices are in Australian dollars and are inclusive of Goods & Services Tax (GST).

Forms of Payment

Consultations
All payments for consultations are made via our online booking service, Halaxy (see https://www.halaxy.com/ ). Payment can be made via credit card or PayPal.

Courses, Programs and Webinars/Presentations
Payments for participation in / attendance at any of our courses, programs or webinars are made via our payment processing partner, Stripe (see https://stripe.com/au). Payment can be made via credit card or PayPal.

Supplements and Functional Pathology Testing
Payments for any prescribed nutritional supplements or functional pathology tests are to be made by you directly to our third party providers for these products and services when you order them. We will provide you with the appropriate details. These providers generally allow payment by credit card and PayPal.

Security Policy

Kaleidoscope Wellbeing® does not collect or store any financial information you enter when you purchase our services or products. Any financial information you enter is entered via the payment gateways of either Halaxy or Stripe, depending on what you purchase, and stored under their respective security policies. You can see their security policies here:

When purchasing supplements or pathology tests from any of our recommended suppliers, please check their security policies for information on how they collect and store financial information.

Payment Terms

Consultations
Payments for all consultations are required in full, in advance, at the time of booking your appointment. Once you have had your free Health Strategy Session and we have decided to work together, we will send you a link to book and pay for your Initial consultation.

Courses and programs
Payments for participation in any of our courses or programs is required in full, in advance, at the time of booking your place, except where the option of a payment plan is offered. See the Payment Plans section below for further details.

Webinars and presentations
Payments for attendance at all webinars and presentations is required in full, in advance, at the time of booking your place.

Supplements and functional pathology testing
Payment terms for supplements and functional pathology tests are set by the relevant supplier.

Payment plans

Payment plans are not available for consultations or webinars/presentations, however they are available for selected courses and programs. Where a payment plan is available, we will detail this in the course description.

Payment plans are offered for your convenience only, so you can spread your payment out over time. You are still committed to paying the whole amount, even if you change your mind about your purchase, as you have had access to our intellectual property. It is your responsibility to ensure you have sufficient funds to make payment instalments on time.

If you choose to pay using a payment plan, you commit to paying every specified instalment. The first payment must be received prior to the commencement of the course or program. If your payment is not received in time, you will not be granted access to the course or program. Subsequent payments must be received by the respective dates specified in the payment plan.

If a payment is not received by the required date, your access to the course or program will be suspended until your payments are up to date. If your payment is more than 7 days overdue and you have not contacted us to make alternative arrangements, the payment plan will be cancelled and we will send you an invoice for the whole amount remaining. You will have 14 days to pay that invoice. If we have not received payment after 14 days, we will send you a reminder. We will continue to send weekly reminders after that until payment is received. After the first reminder, an administrative fee of $33.00 (inc. GST) will be added to the total amount due for every reminder sent. This is because having to chase you for payment is not pleasant and uses up our time. If there is a problem with payment, please contact us as soon as possible to make alternative arrangements and avoid incurring this administrative fee.

Debt collection

If an invoice is more than 90 days overdue, you agree to pay all costs, including debt collection agency fees and solicitor’s costs, that we may incur in taking steps to recover any money that you owe to us, regardless of whether legal proceedings are issued in relation to the debt.

Refund Policy

Change of mind

Please read this in conjunction with the Appointment Rescheduling and Cancellation Policies section below.

Consultations
Refunds for change of mind are not available after a consultation has taken place. Please see below for the refund policies which apply before your consultation.

Initial Consultations
If you change your mind and wish to cancel after booking and paying for an Initial Consultation, we will refund the amount you paid in full, provided that you request a refund before sending us your completed Client Intake Questionnaire and 3-Day Diet & Lifestyle Diary. After this time we do not offer refunds for change of mind, as we will have started analysing the information you have sent us and preparing for your consultation.

Second Consultations
As described above in the Important Information section, it is important to note that you will not receive your treatment plan until your Second Consultation. If you do not wish to have a Second Consultation, please advise us during your Initial Consultation. This is because we start working on your treatment plan immediately following your Initial Consultation. Therefore, we do not offer refunds for Second Consultation bookings.

Follow-up Consultations
If you change your mind and wish to cancel after booking and paying for a Follow-up Consultation, we will refund the amount you paid in full, provided that you request a refund at least 24 hours before the scheduled appointment. We do not offer a refund for cancellation within 24 hours of a Follow-up Consultation appointment.

Courses and programs
Following purchase of one of our courses or programs, you have 48 hours to review our Participation Agreement, sign it and return it to us, or decide to cancel your enrolment. If you decide to cancel within 48 hours of purchase, you will receive a full refund.

As soon as we have received your signed Participation Agreement, we will commence the onboarding process with you, including sending you a welcome pack and starting to gather and analyse information from you, before developing the tailored component of your program. For this reason, after 48 hours, refunds for change of mind are no longer permitted. If you are having doubts it is worthwhile remembering why you purchased the program – being kept accountable to make positive changes was no doubt a big part of the reason!

As we do not offer a refund for change of mind, we encourage you to choose carefully. However, it is important to us that you are happy with your purchase. We realise that unexpected things can happen. If you are finding that your life circumstances have changed significantly, the course/program truly didn’t meet your needs, or you have discovered it was not what you expected, please get in touch with us as soon as possible to discuss your concerns, so we can work together to find a satisfactory solution. We would welcome an open and honest discussion.

If we agree to a refund, we will take into account your progress in the course/program and the amount of work we have performed to work out an amount that is fair, and we may also charge an administration fee to process the refund. Whether a refund will be given, and the amount of the refund, will be at our sole discretion.

Webinars and presentations
We do not offer refunds for webinars and presentations if you change your mind, so please consider carefully whether a purchase is right for you before you make your payment.

Minor and major problems

Minor problems
All sorts of minor problems can happen when delivering and accessing online consultations, coaching sessions, presentations and webinars, accessing online training portals or streaming pre-recorded content. Examples of minor problems which may occur include when either you or we experience:

  • internet connection issues;
  • power outages;
  • disruption by family members, children or other distractions that was not predicted;
  • being unavoidably late to a session;
  • temporary illness; or
  • login, password, download or other technical issues.

If you have a problem, let us know as soon as possible, and if possible, we will do our best to fix it as quickly as we can. If the problem impacts a live online session and it cannot be fixed quickly, we will reschedule the session. If there is a technical problem with accessing any of your purchased course, program or presentation content, we will fix the issue for you as soon as possible.

Major problems
A major problem is one which cannot be fixed or is too difficult to fix within a reasonable time. It is something that would have prevented you purchasing the service or product if you had known about it in advance. When there is a major problem, you have the right to choose whether you would prefer to:

  1. Cancel your purchase and receive a refund: if you would like to receive a refund due to a major problem, you must contact us within 48 hours of receiving the service, gaining access to the content, or downloading the product. Please make sure that you clearly explain the issue that you have experienced and why you believe it to be a major problem. If we agree that there is a major problem and we are unable to fix the issue for you, we will process your refund within 14 days.
    OR
  2. Seek compensation for the difference between the price paid and the value of the product or services actually provided: if you discover a major problem and wish to cancel your purchase after 48 hours, you must tell us as soon as you become aware of the issue. We will negotiate with you in good faith to determine whether you are entitled to a refund based on the nature of the problem, the time since purchase and what is reasonable and fair to you and us under the circumstances.

Please note that we do not promise or guarantee any specific results. Your results will be unpredictable and unique to you. As a result, we do not offer refunds related to results achieved.

Limitation of liability

We take our obligations under Australian Consumer Law seriously and will do our best to address any issues that arise. However, even if there is a major problem, our liability is strictly limited to:

  • replacing the goods or providing the services again; or
  • if we are unable to do so within a reasonable time, refunding the full amount that you have paid to us.

If you feel that there is any problem with your purchase/our services or products, please let us know as soon as possible. We are keen to understand what has gone wrong if you are unhappy so that we can address your concerns and try to find a mutually acceptable solution.

Delivery

If any of the information below is unclear, we encourage you to reach out to us for assistance.

Consultations

We deliver all our consultations online via Zoom. After you have booked and paid for your consultation using the BOOK ONLINE link on our website, we will email you a Zoom link for your appointment. Please ensure that Zoom is installed and working before our session. If you have technical or internet problems logging on to Zoom at the time of your appointment, please call or text us immediately to let us know. If the situation cannot be resolved we may opt to do the consultation via phone instead or arrange to reschedule the consultation.

Please show up for your online consultation on time, in a quiet, private location where you will not be disturbed. We promise to do the same. If you are unavoidably running late, please call or text us as soon as you know. Please be alone in the room for your consultation, unless you have opted to have a support person with you. In that case, please let us know this in advance. Please note that we will need to see and be introduced to the support person in the consultation.

Sometimes, technology issues or the strength of the internet connection can make it difficult to conduct a consultation online. If technology issues cannot be resolved we may opt to do the consultation via phone instead or arrange to reschedule the consultation.

Courses and programs

All our courses and programs are delivered online, via a combination of live Zoom calls, pre-recorded videos and downloadable resources. If you purchase one of our courses or programs, you will be advised how to access the course content. This may involve clicking on the provided Zoom links at the time of live calls, or setting up an account (including a username and password) for an online teaching portal. If you ever have difficulty accessing your purchased course or program content, please let us know as soon as possible so we can help you. If technology/internet issues occur and we cannot deliver Zoom sessions as planned, we will arrange to reschedule them.

Webinars and presentations

Webinars and presentations may be delivered live on Zoom or they may be pre-recorded for on-demand viewing. Instructions to access these will be provided after payment has been received.

If technology/internet issues occur and we cannot deliver Zoom sessions as planned, we will arrange to reschedule them.

Shipping

Kaleidoscope Wellbeing® does not directly supply or ship any prescribed nutritional supplements or functional pathology tests. These are to be ordered directly from our third-party providers, and shipment will be arranged and charged by them.

Appointment rescheduling and cancellation policies

Please read this section in conjunction with the Refund Policy section above.

Consultations

Please provide at least 24 hours’ notice if you need to reschedule or cancel your consultation. This allows us to help someone else in the time that had been reserved for you. If you reschedule 24 or more hours in advance, your prepayment will be allocated to your new appointment time. If you cancel 24 or more hours in advance and do not wish to reschedule, please read the refund policy / change of mind section above to see if you are eligible for a refund. If you cancel or reschedule within 24 hours of your appointment, you may incur a 50% cancellation fee – this will be at our discretion. Any “no shows” without notification will incur the full consultation fee. However we do understand that sometimes emergencies arise. If you are prevented from attending our session due to an emergency beyond your control, please contact us as soon as possible to let us know. We may agree to reschedule at our sole discretion.

If we realise we can’t make a consultation for some reason, we will try to give you as much notice as possible. We will offer you an opportunity to reschedule, and if urgent, we will fit you in outside our normal consultation hours.

Courses and programs

If you are unable to attend a scheduled one-to-one coaching call, please provide at least 24 hours’ notice and we will reschedule. If you are unable to attend a group coaching call, it will not be rescheduled, however it will be recorded so you can watch it later.

If we realise we can’t make a coaching session for some reason, we will try to give you as much notice as possible, and reschedule the session.

Webinars and presentations

There is no rescheduling available for these events. Please ensure that you are able to attend before booking/paying for your place. Alternatively, you can watch the recording.

Intellectual Property

Copyright & trade secrets

All the content contained on this website, on our social media profiles/pages/groups and in our courses, programs and presentations, including graphics and photographs, as well as the content we create for our clients as part of their treatment is protected by copyright laws and treaties around the world, with all rights reserved.

You are welcome to share blog posts or other publicly available content through social media, but you must acknowledge us and provide a link back to this website. You may store, print and reproduce the publicly available content that we supply solely for your own personal use, and only if we are clearly acknowledged as the source.

When you are consulting with us, or participating in one of our courses or programs, we may provide you with Reports of Findings, Treatment Plans, Prescriptions, information sheets, worksheets, recipes, videos and other helpful health and nutrition resources. These materials contain our trade secrets that are offered exclusively to our clients. They are for your personal use only and must not be shared with anybody else. You may print these materials or download them to a local hard disk strictly for your own personal, non-commercial use. You agree that you will not share this content or provide extracts of it to anyone else.

Commercial exploitation of our content in any way that competes with our business is strictly prohibited. You may link to our website or social media profiles/pages/groups, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our trade marks

We own the registered and unregistered trade marks, logos, and service marks displayed on this website, including Kaleidoscope Wellbeing®. These trade marks may not be used in connection with any other product or service without a licence, or in any way that is likely to cause confusion in the marketplace, or in any manner that disparages us or our business.

Other trade marks

Unless explicitly stated to the contrary, all persons (including their names and images), third party trade marks and content, services and/or locations featured on this website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks or names mentioned on this website remain the property of the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.

Respectful Communication

Comments policy

You may have an opportunity to interact with our team and others by commenting on blog posts, on our social media profiles/pages or in social media groups we control. In addition, if you are a participant in one of our courses or programs, you may have the ability to leave comments in our course content portal. We reserve the right to moderate any of these types of comments, including deleting comments that we deem to be spam, rude, offensive or unacceptable, without any notification or correspondence with you. Keep all communication kind, respectful and polite, please.
Please note that there are specific terms and conditions around engagement and confidentiality in the Participation Agreements for our programs and courses, and these must be strictly complied with. It is particularly important that you respect the confidentiality of other participants and what they share.

Responsible engagement

Disrespectful or aggressive behaviour towards our team or anybody else will not be tolerated. We may, at our sole discretion, terminate any Agreement we have with you if you become disrespectful, difficult to work with, abusive or aggressive towards us.

Mutual non-disparagement

If a dispute arises, everyone involved agrees that they will not engage in any public discussion about the issues, will behave politely towards each other, and will avoid any conduct or communication which might reasonably be expected to interfere with each other’s business or personal interests.

Dispute resolution & jurisdiction

Negotiation

If you have any concerns, issues, or complaints arising out of your use of this website, our products or services, or these terms and conditions, you agree to communicate with us with the intention of making a genuine effort to seek a win/win solution and trying to resolve the dispute in good faith through negotiation and discussion. Please email us or contact us by filling in the contact form on this website, describing the details of your concern, and expect a response within five (5) business days.

The negotiation process begins when you contact us, letting us know that there is a problem. We will reply with our available times for an online meeting. Please reply with your chosen time, and we will send you a Zoom link for the session. We will use this meeting to get a better understanding of what has gone wrong, and try to resolve the issues.

All information exchanged during this meeting or any subsequent dispute resolution process, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential unless otherwise required by law.

Alternative dispute resolution

If the dispute cannot be resolved by negotiation and discussion within 14 days, you agree to proceed to mediation with the assistance of an independent accredited mediator, seeking mediation online if anyone would need to travel for more than an hour to attend the mediation.

The mediator is to be appointed by agreement, or failing agreement within 14 days of the negotiation period ending, we will provide you with links to the websites of at least two (2) appropriately qualified, neutral mediators (having first confirmed their availability), and you must select one of them within 48 hours of receiving the nominations. All costs of mediation must be shared equally.

You agree to attend the mediation in good faith, to seek to resolve the dispute. Legal action must not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.

Formal investigation

If you believe your complaint to be serious and not suitable for mediation, you may choose to report your concerns to the Health Care Complaints Commission (HCCC) for investigation. Please visit https://www.hccc.nsw.gov.au/ for more information.

Jurisdiction

These Website Terms & Conditions are subject to the governing law of New South Wales, and the Commonwealth of Australia. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of New South Wales, and the Commonwealth of Australia, will have exclusive jurisdiction.

Thank you for reading & respecting our Ts&Cs

These terms and conditions were created with the support of Carefree Counsel (see https://www.carefreecounsel.com/). Copying them without permission is an infringement of our copyright and Carefree Counsel’s. Look after your business and your clients by getting your own terms & conditions.