Terms and Conditions of Service

Please find below information on:
Terms and Conditions of Service
Privacy Collection notice & Privacy Policy
Customer Waiver & Risk Disclosure

Terms and Conditions

1.1 These terms and conditions (Terms) are entered into by Kirks Gibbs Enterprises (ACN 603 298 022), trading as TLC Recovery (we, our or us) and the person using our services (you), together the Parties and each a Party.

1.2 Services: We provide hot and cold magnesium pools and spa sessions, compression equipment, massage gun and infrared sauna sessions (Services). We agree to provide the Services to you in accordance with these Terms.

1.3 Acceptance: You accept these Terms by accepting them online or making part or full payment of the fees (Fees). must be 18 years or older to access our Services. Children over the age of 10 years old may be permitted to access the Services with their parent or guardian. If you are the parent or guardian, by allowing your child to use the Services, you agree that you are solely responsible for the supervision, conduct, and safety of your child while they are on the premises, and you must personally supervise your child at all times and ensure they comply with these Terms.

1.4 Important Information: Please note that your participation in the Services may expose you to the risk of physical harm or personal injury. The risk of physical harm or personal injury may arise from, but is not limited to, third party participants or the equipment supplied by us to you, or otherwise used by you. You agree that physical harm or personal injury may arise from you or another party’s acts, omissions or negligence. You understand and voluntarily accept any risk that may arise from your participation in the Services. We limit our liability as permitted under the Australian Consumer Law, please see the Australian Consumer Law section below.

1.5 Accounts: To access our Services, you must create an account on our third-party booking service accessible from our website (Site). You may book, modify or cancel your registration for the Services through the Site. You must ensure that any personal information you give to us when creating an account is accurate and up to date. All personal information that you provide when you create an account will be treated in accordance with our Privacy Policy.

1.6 Access to Services: You can purchase the following products to access the Services as set out on the Site, which may include:

(a) a casual session (Casual Session);

(b) a recovery pack (Recovery Pack);

(d) membership (Membership).

The Site includes the details of the features, limitations and applicable Fees for each of the above options.

1.7 Monthly Passes: Monthly Passes provide unlimited access for one month to certain Services set out on the Site.

1.8 Recovery Packs: Recovery Packs are valid from the date you purchase a Recovery Pack for the time period listed on the Site. You forfeit any Bookings you do not use, book or attend within the relevant time period.

1.9 Memberships: Memberships are valid for the corresponding time period listed on the Site (Membership Period), with a minimum period of three months. Fees for your Membership (Membership Fees) will be billed via direct debit on a fortnightly basis. We may vary the pricing of your Membership following the expiry of the initial Membership Period. Memberships do not automatically renew, and if your Membership lapses, the Membership Fees may change.

1.10 Payment Terms: Except where you purchase a Membership, you must pay the Fees on the Site at the time of purchase. To the maximum extent permitted by law, all amounts paid by you are non-refundable. For the avoidance of doubt, we do not offer refunds for change of mind, or for any other reason.

1.11 Bookings: You must use the Site to access our Services and to book a Casual Session or use your Recovery Pack, Monthly Pass or Membership (Booking).

1.12 Rescheduling, Cancellations and No Shows: All requests to reschedule or cancel a Booking can be made via your confirmation email received for your booking. Alternatively you can call the centre and speak to a staff member. We can not guarantee that text messages or emails will be received in time, so if you do choose these methods and the message isn’t received you will be responsible to pay the outstanding amount on your booking. All re-schedules are subject to our availability. You must provide at least 3 hours notice of cancellation and rescheduling. If you provide less notice to cancel or reschedule, the following terms apply:

(a) if you have purchased a Casual Session, you forfeit your Casual Session; and

(b) if you have purchased a Recovery Pack, your Booking will be deducted from the remaining Recovery Pack inclusions.

1.13 Your Obligations: You acknowledge and agree that:

(a) prior to attending your first Booking, you must complete the waiver form we provide to you;

(b) you must comply with our and our Personnel’s reasonable requests or requirements;

(c) you have not relied on any representations or warranties made by us in relation to the Services (including whether the Services are or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;

(d) the information you provide to us is true, correct and complete;

(e) you will at all times comply with the TLC Recovery Behavioural Policy, and will provide us with all documentation, information, instructions necessary to enable us to provide the Services, as requested by us;

(f) you will not attend the Services if you are suffering from any illness, disease, injury or condition that could be a risk to your health or safety or that of others; and

(g) where you are aware of or become aware of, any physical or medical conditions that prevent you from participating in the Services you will inform us and either not participate in the Services or receive consent from a medical professional to participate in the Services.

1.14 Variations: Changes to the Services need to be written and agreed upon by both parties.

1.15 Late Payments: If you don’t pay on time as agreed, we can choose to stop providing the Services 5 business days after the payment was due and we can also ask you to pay for any extra costs we face because you didn’t pay on time. This includes any costs to get those payments from you.

1.16 Termination for breach: This Agreement can be terminated by either party (the Non-Defaulting Party) with immediate effect if the other party (the Defaulting Party) fails to fulfill a significant obligation under this Agreement, including breach of clause 1.13. If the Defaulting Party does not correct the breach within 10 business days after receiving written notice from the Non-Defaulting Party, the Non-Defaulting Party has the right to terminate the Agreement immediately.

1.17 Australian Consumer Law: Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms. Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis. This clause will survive the expiry of these Terms.

1.18 Liability: We will perform our services with reasonable care and skill. However, we are not liable for any indirect or consequential losses that may arise. Subject to your consumer law rights, our total liability under this Agreement and conditions is limited to the Fees or Membership Fees paid by you.

1.19 Confidentiality: Both parties commit to maintaining the confidentiality of any proprietary or confidential information shared during the Term.

1.20 Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the parties.

1.21 Governing Law: This Agreement is governed by the laws of Queensland.

1.22 Dispute Resolution: In the event of a dispute, the parties will first attempt to resolve the matter through mutual discussion or mediation.

1.23 Amendments: Both parties must sign any changes or modifications to this Agreement in writing.

1.24 Definitions: The Fees and Membership Fees will be as set out on the Site and the Term commences on the date when you accept these Terms or when you make full or part payment of the Fees, and continues until the date we consider the Services to be complete or supplied to you or until the end of your Membership Period if applicable, unless earlier terminated in accordance with these Terms.

Privacy Collection notice

This Privacy Collection Notice describes how Kirk Gibbs Enterprises Pty Ltd (ABN 34 603 298 022) trading as TLC Recovery, (we, us or our) collects and handles your personal information when you are onboarded as a client and complete our intake forms and liability waiver to allow you access our services . We collect personal information from you and from third parties (such as our online booking platform) so that we can provide our services to you and for related purposes set out in our Privacy Policy, available on our website (or on request).

We may disclose this personal information to third parties, including our personnel, related entities, any third parties engaged by us and acting on our behalf and as otherwise set out in our Privacy Policy.

We store personal information in Australia. Where we disclose your personal information to third parties, those third parties may store, transfer or access personal information outside of Australia.

If you do not provide your personal information to us, it may affect our ability to do business with you.

Please see our Privacy Policy for more information about how we collect, store, use and disclose your personal information, including details about overseas disclosure, access, correction, how you can make a privacy-related complaint and our complaint-handling process.

If you have questions about our privacy practices, please contact us by email at: hello@tlcrecovery.com.au. By providing your personal information to us, you agree to the collection, use, storage and disclosure of that information as described in this privacy collection notice.

PRIVACY POLICY

Kirk Gibbs Enterprises Pty Ltd (ABN 34 603 298 022), trading as TLC Recovery (we, us or our), understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or collected by us, when interacting with you.

The information we collect

Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

The types of personal information we may collect about you include:

· Identity Data including your name, age, date of birth, occupation.

· Contact Data including your telephone number, address and email.

· Financial Data including bank account and payment card details (through our third party payment processor, who stores such information and we do not have access to that information).

· Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.

· Technical and Usage Data when you access any of our websites or platforms, details about your internet protocol (IP) address, login data, browser session and geo-location data, statistics on page views and sessions, device and network information, acquisition sources, search queries and/or browsing behaviour, access and use of our website (including through the use of Internet cookies or analytics), and communications with our website.

· Profile Data including your username and password for our booking platform, purchases or orders you have made with us, and support requests you have made.

· Interaction Data including information you provide to us when you participate in any interactive features, including surveys, contests, promotions, activities or events.

· Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.

· Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience, or whether you hold required authorisations or licences.

o Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. The types of sensitive information we collect include health information that may impact your usage of our services or equipment.

How we collect personal information

We collect personal information in a variety of ways, including:

· when you provide it directly to us, including face-to-face, over the phone, over email, or online;

· when you complete a form, such as registering for any events or newsletters, or responding to surveys;

· when you use any website we operate (including from any analytics and cookie providers or marketing providers. See the “Cookies” section below for more detail on the use of cookies);

· from third parties, including our third-party online booking platform;

· from publicly available sources.

Why we collect, hold, use and disclose personal information

Personal information: We collect, hold, use and disclose your personal information for the following purposes:

· to work or do business with you and to provide you with our services

· to enable you to access and use our third party booking platform, including to provide you with a login;

· to contact and communicate with you about our business, including in response to any support requests you lodge with us or other enquiries you make with us;

· to contact and communicate with you about any enquiries you make with us via any website we operate;

· for internal record keeping, administrative, invoicing and billing purposes;

· for analytics, market research and business development, including to operate and improve our business, associated applications and associated social media platforms;

· for advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you;

· to run promotions, competitions and/or offer additional benefits to you;

· if you have applied for employment with us, to consider your employment application; and

· to comply with our legal obligations or if otherwise required or authorised by law.

Sensitive information: We only collect, hold, use and disclose sensitive information for the following purposes:

· any purposes you consent to;

· the primary purpose for which it is collected;

· secondary purposes that are directly related to the primary purpose for which it was collected, including disclosure to the below listed third parties as reasonably necessary to do business with you;

· to contact emergency services, or to speak with your family, partner or support person where we reasonably believe there is a serious risk to the life, health or safety of you or another person and it is impracticable for us to obtain your consent; and

· if otherwise required or authorised by law.

Our disclosures of personal information to third parties

Personal information: We will only disclose personal information (excluding sensitive information) to third parties where it is necessary as part of our business, where we have your consent, or where permitted by law. This means that we may disclose personal information (excluding sensitive information) to:

· our employees, contractors and/or related entities;

· IT service providers, data storage, web-hosting and server providers;

· marketing or advertising providers;

· professional advisors, bankers, auditors, our insurers and insurance brokers;

· payment systems operators or processors;

· our existing or potential agents or business partners;

· if we merge with, or are acquired by, another company, or sell all or a portion of our assets, your personal information may be disclosed to our advisers and any prospective purchaser’s advisers and may be among the assets transferred;

· courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;

· courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;

· third parties to collect and process data, such as analytics providers and cookies; and

· any other third parties as required or permitted by law, such as where we receive a subpoena.

Sensitive information: We will only disclose sensitive information with your consent or where permitted by law. This means that we may disclose sensitive information to:

· our employees, contractors and/or related entities;

· IT service providers, data storage, web-hosting and server providers;

· professional advisors;

· third parties to collect and process data, such as analytics providers and cookies; and

· any other third parties as required or permitted by law, such as where we receive a subpoena.

Google Analytics: We may use Google Analytics Advertising Features. We and third-party vendors may use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together. These cookies and identifiers may collect Technical and Usage Data about you.

You can opt-out of Google Analytics Advertising Features including using a Google Analytics Opt-out Browser add-on found here. To opt-out of personalised ad delivery on the Google content network, please visit Google’s Ads Preferences Manager here or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their plugin here. To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile device: On android open the Google Settings app on your device and select “ads” to control the settings. On iOS devices with iOS 6 and above use Apple’s advertising identifier. To learn more about limiting ad tracking using this identifier, visit the settings menu on your device.

To find out how Google uses data when you use third party websites or applications, please see here.

Overseas disclosure

We store your personal information in Australia. Where we disclose your personal information to third parties, those third parties may store, transfer or access personal information outside of Australia. We will only disclose your personal information overseas in accordance with the Australian Privacy Principles.

Your rights and controlling your personal information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to do business with you.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

We may use cookies on our website from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

Links to other websites

Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact us at:

Kirk Gibbs Enterprises Pty Ltd (ABN 34 603 298 022) trading as TLC Recovery

Email: hello@tlcrecovery.com.au

TLC Recovery – WAIVER

Before your first use of our Centre you will agree and sign off on the following:

In consideration of us providing the Activities (as defined below), this Waiver of Liability (Waiver) is made by the individual undertaking the Activities (Participant, you or your), or the Participant’s legal guardian, where the Participant is under 18 years old or a dependent, with Kirk Gibbs Enterprises Pty Ltd (ABN 34 603 298 022) trading as TLC Recovery (we, us or our).

Acceptance

By signing this Waiver, you agree that you have read, accepted and will comply with this Waiver, and that you are 18 years or older. If you are accepting this Waiver as a parent or legal guardian of the Participant, you warrant and agree that you have the required authority to consent on behalf of the Participant.

You agree that this Waiver is governed by the laws of Queensland and you submit to the exclusive jurisdiction of the courts of Queensland.

Risk Disclosure

We strongly recommend you consult a medical professional before the Participant participates in the Activities, and/or if you are unsure whether any of the Activities are appropriate or right for the Participant. The risk disclosures below are provided for general information purposes only, are not a substitute for professional medical advice and do not take into account the Participant’s individual circumstances. Neither this form, any content available on our website nor any disclosures we make in person are an attempt to practice medicine or provide medical advice. Whilst we have used best endeavours to ensure that these risk disclosures are up to date and comprehensive, this list may not be complete and new information may become available from time to time. You should not disregard professional medical advice or delay in seeking advice because of something you have seen or read in this form. If you have any medical concerns, you should consult a health care professional before participating in the Activities. Do not make changes to any current treatments or medications you are using without referring to your health practitioner.

Instructions: By signing this Waiver, the Participant agrees to follow all of our reasonable instructions in relation to the Activities, including any preparation and aftercare advice.

Not Treatment: The Activities are not intended to diagnose, treat, cure, or prevent any disease or condition. The Activities are not intended to take place of medical care or medications, nor are they intended to be a substitute for consulting a medical practitioner. For any concerns relating to a suspected medical condition, please seek immediate advice from a medical practitioner.

Risk of Harm: Participating in the Activities may expose the Participant to the risk of death, physical harm, personal injury and/or illness which may arise from:

· third party participants;

· pre-existing health conditions;

· equipment supplied by us to carry out the Activities; or

· any failure to comply with our instructions or directions.

You have read this risk warning and you are aware of and voluntarily accept any risk that may arise from the Participant’s participation in the Activities. If, while participating in the Activities, the Participant feels discomfort, unwell or unusually anxious at any time, please stop the Activities immediately and speak to your health practitioner for approval to continue. This risk may increase if you engage in the Activities when you have any Medical Conditions as set out below.

Medical Conditions

In the event that you become aware of any medical, physical or psychological condition, injury or impairment that may be detrimental to the Participant’s health, a risk to the Participant’s safety or affect the Participant’s proper and safe participation in the Activities, the Participant must stop participating and you should contact a medical provider. You agree to notify us of any pre-existing conditions that may affect the Participant prior to participating in the Activities and to immediately notify us of any injuries that occur while participating in the Activities. You warrant to us that:

(1) the Participant has the required physical health and fitness needed to participate in the Activities; and

(2) you know of no medical or other reason why the Participant cannot or should not participate in the Activities.

Before participating in the Activities, you acknowledge, warrant and agree that the Participant is not experiencing or suffering any of the following health conditions (Contraindications), or that the Participant has sought medical advice from a registered health professional permitting them to participate in the Activities:

Activity

Contraindications

Compression equipment - Normatec Pulse Pro 2.0 & 3.0 device

· acute pulmonary edema;

· acute thrombophlebitis;

· acute congestive cardiac failure;

· acute infections;

· deep vein thrombosis (DVT);

· episodes of pulmonary embolism;

· wounds, lesions, or tumours at or near the site of application;

· where increased venous and lymphatic return is undesirable; or

· bone fractures or dislocations at or near the site of application

Infrared Sauna

· obesity or diabetes;

· cardiovascular issues including heart disease, low or high blood pressure and other circulatory problems;

· alcohol and drug usage;

· multiple sclerosis;

· central nervous system tumors;

· fever or insensitivity to heat;

· haemophilia;

· pregnancy;

· joint injury

· Implants including metal pins, rods, artificial joints or other surgical implants;

· pacemakers or defibrillators; or

· medications that affect heart rate, blood pressure, circulation or drowsiness.

Hot & Cold Pools

· obesity or diabetes;

· cardiovascular issues including heart disease, low or high blood pressure and other circulatory problems;

· pacemakers or defibrillators; or

· medications that affect heart rate, blood pressure, circulation or drowsiness.

Exclusion of Liability

To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any loss or liability arising from or in connection with any personal injury or death caused or contributed to by the Participant’s participation in the Activities, except where caused by our reckless conduct.

For any questions or notices, please contact us at:

Kirk Gibbs Enterprises Pty Ltd (ABN 34 603 298 022) trading as TLC Recovery

Email: hello@tlcrecovery.com.au

Terms and Conditions of Service

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