Website Terms & Conditions

Introduction

Hey, girl! This website, www.acneandeczema.com, is owned and operated by me, Emily Prue Banks. My ABN is 74568700828. If you have any questions or need further information, you can contact me via email at help@acneandeczema.com.

I know this is the boring part of the website, but this document sets out the Terms and Conditions you need to be aware of when using this website so that we are both on the same page with our responsibilities, and so that you are understanding of your rights and obligations when engaging in information or services provided here.

When you visit this website, engage in my services or purchase items, you agree that you are over the age of 18 and are willing to be bound by these Terms and Conditions. If this doesn’t sound good to you, then please click the exit button now. Every now and then, when the weather is gloomy and I find myself feeling particularly motivated, I may change or modify the terms of this document, so please check back every now and then, or at each instance of purchasing a product or service, so that we are both on the same page.

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

SUITABILITY

Hey girl, I'm glad you found me. I think I have a good grasp on who you are and what's lead you here. You are struggling with your skin, and you've either read up enough to know that you want to try something different because the options offered by mainstream medicine or suggested by your friends or friend-of-a-friend-who-totally-had-the-same-thing-and-used-this-one-thing-that-fixed-eveverything has come up short... or you've already done those things and you're still on the not-so-merry-go-round of how to fix your skin. Maybe you've been on and off the Pill, or steroid creams, or antibiotics, or all of the above. Either way, you want answers because you know that there's more to your skin problems, and you're trying to find someone who can shine a light on that. Welcome, girl. It's me. I have been a Naturopath for over 10 years and my whole professional life is focused entirely on helping acne and eczema. Why? Because I know how heart breaking it is to not feel confident, and to have so many parts of your life dictated by the state of your skin. I know how much money you can spend on promised fixes that simply fall short. I know how disappointing and distressing and traumatic and damaging, physically and emotionally, the whole rollercoaster can be. And I am passionate about providing personalised solutions that are grounded in an understanding of your unique drivers. I specialise in helping acne sufferers of all ages, especially those who are 20+, and I specialise in helping eczema sufferers of all ages (including little bubs who are experiencing the onset of eczema at 6 months of life). I hope I can help you on your path to clear skin.

Website Content - Disclaimer

On this website you will find pretty pictures, as well as content including blog posts and articles, case studies, hints and tips, information about health and wellbeing, eBooks and skin health assessment tools. This information is provided solely for your education and personal development, to improve your understanding of skin and holistic health, and to expand upon the things to consider in the treatment of complex and multi-factorial skin diseases like acne and eczema that is often not told to you in the mainstream treatment routes of medicine.

MY RIGHTS & RESPONSIBILITIES

I take lots of care to provide valuable information, but you are a big girl, and you are responsible for making informed choices that meet your needs around your use of the information provided.

Please understand that generalized information provided here is not a substitute for specialist advice tailored to your individual needs and circumstances. There is never a one-size-fits-all solution or remedy.

No offence, but please be aware that there is no professional relationship formed between us by your use of this website or products on this website. A professional relationship with me is formed only once an initial consultation has been conducted.

Any testimonials, results stories and case studies that I display on this website are based on my experience and those of my previous and current patients. I write these case studies to show the different paths of treatment required for different people, and how important it is to identify and address your own unique drivers through the course of 1:1 treatment. They are not guarantees that you or anyone else will achieve the same results.

While I take all reasonable care to ensure that the information I provide is accurate, relevant and up-to-date because I am a huge nerd and an undeniably annoying perfectionist, I make no guarantees that it is and disclaim any legal liability for any inaccuracy, incompleteness or error. You can always let me know if you find something that seems problematic or inaccurate. I promise I won’t bite.

I’m always up for improving what I’ve created, so once in a blue moon, I modify the content on this website, including altering or deleting it without notice. If the content that I intend to modify or delete is content that you have purchased, you will be notified before any changes occur.

I just wanted to remind you that the information provided on this website is not intended to diagnose or treat any health conditions, it is only here to increase your education so that you can feel more confident in exploring all the aspects behind acne and eczema, preferably with an appropriately qualified health professional.

VISITOR RESPONSIBILITIES

This little section outlines your responsibilities as a visitor to my website. You don’t have to leave your shoes at the door.

You are a big girl, and it is your responsibility to use the information provided here with discernment to your own unique needs and circumstances. Please use your own common sense as your health, safety and well-being are your own responsibility. Sometimes common sense isn’t enough, so it’s good to rely on someone else’s. Make independent inquiries or seek professional advice in relation to how the information I’ve provided here may apply to you. And, of course, please seek professional medical advice before acting on any information provided on this website to ensure your own safety and positive results.

DOWNLOADS

Whilst every care is taken to ensure the safety of content provided on this website, no responsibility is taken for viruses or any other damage which may occur as a result of downloading material from this website. Please ensure you maintain adequate internet security… it’s a jungle out there!

EXTERNAL LINKS

Although every care is taken to ensure a happy and easy experience with any external links promoted on this website, no responsibility is taken for the content of any external sites that may be linked.

My Services and Products - Disclaimer

The terms and conditions in this document apply to all of my services and products, unless alternative terms are explicitly stated. When it comes to consultation, there are additional terms of service and consent to treatment outlined in the intake forms that you will receive prior to the initial consultation. This document still applies in relation to anything not outlined in those terms, because hey, a 25-page intake form isn’t fun. Below are the services and products that these terms apply to:

My services and products:

·       1:1 professional Naturopathic consultations, conducted in an online or private space, which allows us to deep dive into your health concerns and devise an appropriate treatment strategy to reach your health goals

·       Health programs, run 1:1 and in group settings, focused on treatment and education around gut health and nutrition

·       Retail products including topical creams and oral supplements

 My intention is to provide the support and guidance needed to help you to understand and appropriately investigate the unique drivers to your health concerns, and to devise a suitable and safe treatment plan to relieve them. These services are provided to help you get off the not-so-merry-go-round of harsh internal and external treatments that aren’t addressing the drivers. I help to shine a light on the unique path forward for you, because I know how hard it can be to get the right help when it comes to skin problems. The retail products and supplements available on this website are provided with the intent to give you better options when it comes to skin care, topically and internally. There are far too many damaging items promoted in the skincare world, so I have created a collection of my own favourite Naturopath-approved items that have been tired and testing in my patients with success. I have also created my own supplements to meet the purity, quality and concentration requirements that I seek as a professional, and make them accessible to the general public so that they can be safely used to assist skin health. Long story short, my intention is to help you, in every way possible, to improve your skin from within.

MY QUALIFICATIONS

I am a qualified and registered professional Naturopath with over 10 years' in the industry and over 6 years' in clinical practice. I am registered with the Australian Naturopathic Practitioners' Association and hold appropriate professional insurances. I graduated from the Australian Institute of Applied Sciences and was awarded the Clinical Excellence Award in Naturopathy. I hold the following qualifications: Adv. Dip (Naturopath), Adv. Dip (Western Herbal Medicine), Vitae Mosaic Functional Medicine Practitioner Training, ph360 Epigenetic Personalised Medicine Endorsed Coach. I am also currently studying Ayurvedic Medicine.

I take the responsibility of offering professional health services very seriously, and keep myself up to date with continued professional education, consistent research (especially in dermatology) and taking all reasonable care and due diligence. I am committed to best practice which is why I devote time to properly investigating drivers with relevant testing methods, and creating a personalised treatment strategy that works on all aspects of health. I keep my timeframes and expectations of treatment realistic for my patients, as I know how psychologically and emotionally distressing it can be to be promised things that aren't delivered. I make these estimations based on my niched education in skincare and appropriate treatment strategies, coupled with the deep understanding of your current state of health from consultation and relevant tests, as well as my own clinical and personal experience. I take the responsibility of providing retail products, including supplements, immensely seriously as I know how disappointing and ineffective many items on the retail market are. All items that are accessible through this website have been researched and tried and tested, though of course there can be no guarantee that the items will work to your expectation or at all. Items that are handmade are made in a suitable sterile environment with the greatest care and love.

YOUR RESPONSIBILITY

As much responsibility as I take in providing services and products, you know you best. I probably don’t know you at all (which is a real shame, because I bet you’re super lovely), so it is your responsibility to gauge how suitable the information and products provided on this website are for you. Self-medicating without the help and support from a trusted health professional is often not very effective. If you are concerned about the path forward for you and would like 1:1 support from a health professional, I strongly encourage you to book a consultation with myself or someone who can provide professional advice tailored to your specific needs.

IMPORTANT INFORMATION

Although clinical knowledge and experience forms the basis of all things that are provided on this website, the truth is that you are a unique individual, and sometimes textbooks and predictions based on experience are not adequate in each individual's case. It is impossible to guarantee your experience in any of the services or products provided on this website, as there are just too many individual and unknown factors about you, no matter how many tests are done to make that prediction a little better. We all have unique genetic components, tastes, likes and dislikes, and potential reactions. Please bear this in mind when engaging in any services or products on this website. While the descriptions for each item on this website are accurate to the best of my professional knowledge, I cannot guarantee that any particular item is suitable for you unless I have personally prescribed or recommended it to you in a consultation.

When working with me, or completing any relevant forms associated with services provided, you should be 100% truthful and forthcoming with all medical information pertaining to yours and your family's medical history, current and previous medication use, as well as diet and lifestyle factors. I make important decisions based on this information in a consultation environment, and in recommending certain products or treatments for you.

Potential problems with the services provided on this website include a) misuse of information which is designed to be educational only, being applied as a basis for treatment without specific medical consultation, support, and high quality professional products being used, and b) unrealistic or unreachable expectations of the service.

Intellectual Property

COPYRIGHT

This is the bit where I basically tell people not to copy anything, because I pour my heart, soul and brain and sometimes time that should be spent sleeping into creating content. So, you should know that the content of this website, as well as any associated programs, courses or information shared from my business, is protected by copyright, with all rights reserved. You may not copy or reproduce any part of my content without my written consent. Commercial exploitation of my content n any way that competes with my business is strictly prohibited. I know that bit sounds nasty, but my lawyer told me I had to say it. You are absolutely welcome to share blog posts or other publicly available content through social media, but please provide a link to this website and/or reference where the content has come from. If you participate in any training provided by me or my business, you can download and print the content for your personal and non-commercial use only. You may not provide extracts of any course content to anyone else though. That would be naughty!

TRADEMARKS

I own the unregistered trade marks and logos displayed on this website, including The Acne & Eczema Clinic and The Clear Skin Formula. These trade marks, whether registered or unregistered, 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 me or my business.

Payment Terms

FORMS OF PAYMENT

Payment can be made using EFT transaction via Stripe, or through my booking system, Halaxy. Payment can also be made via bank transfer, and BPAY for specific items.

SECURITY POLICY

Card details used for payment on this website are processed through Stripe and are protected by encryption. Subscription services are processed through MoonClerk, where stored card details are securely encrypted and SSL certificate is provided. Card details used for payment for bookings through my booking system, Halaxy, are also securely stored with encryption.

Delivery and Shipping

SHIPPING AND DELIVERY

Flat rate shipping is provided and calculated according to Australia Post. Products are safely packaged with sustainable packing and sent via courier (Australia Post or Sendle according to location). Average turn-around time is 3-5 business days for standard shipping, and 1-2 days for express post. These turn-around times are not guaranteed as delivery time is dependent on the courier. All packages are tracked and insured. You will be updated on delivery via email. If a phone number is provided on checkout, this will be added to postage details. If there is a problem with shipping, a refund for the item will be happily provided once the dispute has been settled with the courier responsible. The refund will be deposited directly into your bank account, and we will be in touch to organise this at first sign of there being a disruption or problem with your package delivery. If you suspect that there is a problem with your delivery, please let us know ASAP so we can sort it out for you.

Appointment Policies

APPOINTMENTS

Appointment and cancellation policies are set out in the intake forms provided before your consultation.

Refund Policy & Consumer Guarantees

CHANGE OF MIND

Please know that refunds cannot be provided for change of mind, so please consider carefully if an item is fit for your needs before purchasing. If you are concerned about this, please book a consultation with myself or another appropriately qualified health professional.

ORDER FULFILMENT POLICY

If a product is no longer available, unable to be shipped to you, or the order is unable to be fulfilled in a reasonable time, you will be contacted with the option for a full refund.

MINOR PROBLEMS

Although every care is taken, minor problems to products and services provided may include minor faults or defects to physical items, electronic problems with digital services, and reactions to topical or internal products purchased.

Although all due diligence is taken in providing high quality products, in rare situations, an individual may experience a reaction to an item purchased through this website. If you experience any unusual symptoms or have any concerns at all, please take appropriate care for your own safety and consult an appropriately qualified health professional or seek assistance at your local emergency centre as soon as possible.

I will do all that I can to rectify any minor problems. Options for this include a refund for defective or faulty items/services or a replacement.

INVITATION TO DISCUSS PROBLEM

If you feel that there are any problems with my products or services, please let me know as soon as reasonably possible. If the problem is with content provided on the site or something purchased and available for immediate download, please notify me within 24 hours of the problem. If the problem is related to a purchased product which has not yet been delivered to you, please let me know within 7 days of purchase. It is important to me that you are happy and satisfied with the services that I provide, so please let me know if this is not the case so that we can address your concerns and try to find a mutually acceptable solution. I just want you to be happy, girl!

LIMITATION OF LIABILITY

I take my obligations under Australian Consumer Law seriously and welcome your feedback or complaints if you have any problems. However, if there is a problem, my liability is strictly limited to a) replacing the goods or providing the services again or b) if I am unable to do so within a reasonable time, paying the cost of having the relevant goods or services supplied to you again.

CANCEL ONGOING SUPPLY

You have the right to cancel a contract for services or ongoing supply of a product at any time by telling me verbally or in writing. In this instance, where products or services have not been provided in their entirety, a partial refund will be provided. This will be calculated according to your subscription or membership plan, and the monthly fees outlined. For example, if you are on a subscription basis to receive my E/FA Pure supplement and choose to cancel your subscription after monthly payment has been made but goods have not been received, you will receive a full refund for the products not provided. If you choose to cancel your subscription to a service, such as a health program, the partial refund will be calculated pro-rata according to the monthly fee associated with such program, which will be outlined in the payment details of each program.

REPLACEMENT PRODUCTS

If a replacement product is required, this will be sent out as soon as possible, on receipt of or evidence of damage to the original item being replaced. I don’t want to waste your time and money in returning an obviously damaged or faulty item back to me, so if you can provide photo evidence of the damage or fault, then it is not necessary for the item to be returned to me. If the original item is faulty, and evidence cannot be provided without the item being returned to me for inspection, costs for return postage will be reimbursed to you on receipt of proof of payment. If the original item is not faulty or defective, the costs of shipping will fall to you.

SPECIFIC TERMS OF SALE

Please know that refunds cannot be provided if you do not like the taste or smell of items purchased and find trouble consuming it.

Respectful Communication

RESPONSIBLE ENGAGEMENT

In any communication or engagement on this website, be nice. Take responsibility for your actions and the way that you make others feel.

THIRD PARTY CONTENT

Sometimes I refer to or collaborate with other businesses to bring you better and broader education, hints and tips. Before I embark on any kind of partnership or collaboration with a business I do my due diligence in ensuring that we have aligned ethos and values for customer care and services provided. If any of these affiliates or preferred partners become misaligned with the ethos and values of The Acne & Eczema Clinic, they will be removed from the Preferred Partners page. Having said that, I cannot take responsibility for your personal experience with these businesses, though I welcome your feedback if you have contact with them.

Jurisdiction & Dispute Resolution

NEGOTIATION

If you have any concerns, issues or complaint arising out of your use of this website, my products or services, or these terms and conditions, let's communicate with the intention of making a genuine effort to seek a win/win solution, trying to resolve the dispute through negotiation and discussion.

MEDIATION

Girl, I don’t like disputes. But if one were to happen, we should try to resolve it within 14 days. If we are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an independent accredited mediator, seeking online dispute resolution or mediation by telephone if we are not both in Queensland, Australia. The mediator is to be appointed by agreement between us or, failing agreement within twenty-one (21) days of the first notification of the dispute, the person initiating the dispute will seek the appointment of a dispute resolution professional by the Resolution Institute: https://www.resolution.institute/resolving-disputes/get-a-professional. The Resolution Institute Mediation Rules shall apply to the mediation and we agree to share the costs of mediation equally between us. We agree that neither of us will commence legal action until, in the opinion of the

independent mediator, the potential for negotiation and mediation have been exhausted.

NON-DISPARAGEMENT

Let’s play nice. We both agree that we shall not publicly or privately disparage each other or anyone connected with the other’s business, but rather shall act in good faith to refrain from any conduct or communication which might reasonably be expected to interfere with the business and/or personal interests of each other.

JURISDICTION

This agreement is subject to the governing law of Queensland. Regardless of where you live in the world, you irrevocably (fancy word) agree that if the dispute resolution processes fail, the Courts of Queensland, and the Commonwealth of Australia, will have exclusive jurisdiction. That all sounds a bit intense, so let’s play nice, respect each other, and work together to resolve any disputes as quickly and effectively as possible.

A reminder that you agree to all of these terms and conditions if you use this website and any associated products and/or services. And a reminder that we are on a rock hurling through space, so let’s use our time wisely to care for one another.