Terms and Conditions - Bookings & Our Services
All bookings and services provided at Bayside Colonics require a booking and acceptance of these terms.
All bookings require at least 24 hour notice for cancellation otherwise full cost applies. Please reach out to our friendly team to discuss anything further and see our full terms and conditions below.
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Bayside Colonics - Terms & Conditions
1. Acceptance of terms
(a) These Terms, as amended or replaced from time to time, apply to any Services or Goods supplied or to be supplied by Bayside Colonics Pty Ltd ACN 621 776 967 as trustee for the TK Seary Family Trust ABN 47 377 493 969 trading as Bayside Colonics (Bayside Colonics, We, Us)
(b) You are deemed to have read, understood, and accepted these Terms if at any time you make a Booking, place an Order for Goods through the Website, pay any Fees, or otherwise request us to provide Goods or Services.
(c) We may, acting reasonably, amend these Terms at any time. We will use our reasonable endeavours to notify you of any changes to these Terms. If you make any further Bookings or Orders, you are considered to have accepted those changes.
2. Bookings and Orders
2.1 Bookings for Services
(a) You may submit a Booking through the Website, telephone, or such other means we specify. When placing a Booking, you must specify your preferred Clinic.
(b) Any price for Services on our Website or otherwise is an invitation to treat, not a contractual offer.
(c) By placing a Booking, you make an offer to purchase the Services for the price specified at the time you place the Booking.
(d) We may in our sole and complete discretion, accept or reject a Booking for any reason, including without limitation: other Bookings at the Clinic, the unavailability of staff, unavailability of equipment and consumables required to provide the Services, an error in the Fee or description of Services posted on our Website, or any Unforeseen Event.
(e) You may only cancel a Booking in accordance with our Booking Policy.
(f) Bookings which we accept will be considered Orders. Each Order incorporates the Booking, these Terms and the Policies.
2.2 Purchasing Goods
(a) Any price for Goods on our website or otherwise is an invitation to treat, not a contractual offer.
(b) By placing an order for Goods, you make an offer to purchase the Goods for the price specified at the time you place the Order. We may in our sole and complete discretion, accept or reject any offer made by you for any reason.
(c) Each Order for Goods incorporates these Terms and the Policies.
(d) You may only cancel an Order for Goods in accordance with these Terms.
2.3 General
(a) Any additional terms contained in any document (including hand amendments) provided by you will not form part of the Order unless we agree in writing.
(b) All drawings, descriptions, specifications or other material contained on the Website, in catalogues or brochures, or any other media are issued or published for the sole purpose of giving an approximate idea of the Services or Goods described in them. Unless we expressly agree otherwise, they do not form part of the Order.
3. Services
3.1 Delivery of Services. We will provide the Services to you subject to these Terms.
3.2 You must provide us with informationYou must:
(a) truthfully and promptly answer any questions we may ask as part of our intake forms or otherwise. Without limitation, you must disclose:(i) all medical conditions, disabilities or injuries that may be relevant to the Services; (ii) all medications you are currently using (whether on prescription or otherwise); and(iii) whether you are using any recreational drugs.
(b) provide any information or documents necessary for us to perform the Services;
(c) advise us immediately if any of the above information changes; and
(d) respond to us promptly if we bring an issue to your attention that affects the Services.
3.3 Service LimitationsWe will use reasonable efforts in providing the Services, however other than as set out in these Terms, to the fullest extent permitted by law, we do not take any responsibility for delays in providing the Services, or any Claim caused by any:
(a) delays, action, operation, inaction, or failure of any third party;
(b) you failing to attend our Clinic at the times we direct;
(c) other appointments at the Clinic taking longer than expected;
(d) failure by you to provide instructions, information or documents in accordance with clause 3.2; or
(e) any Unforeseen Event.
4. Goods
4.1 Supply of Goods
(a) We will supply the Goods to you subject to these Terms.
(b) Before an Order is dispatched, you may cancel an order by contacting us. Once an Order is dispatched, an Order cannot be cancelled. Please see our Refund Policy for more information.
4.2 Delivery of Goods
(a) We will endeavour to supply the Goods to you as stipulated in the Order and these Terms
(b) Goods will be deemed to be delivered when the Goods arrive at the address specified in the Order. You are not entitled to reject delivery of any Goods if there is a minor deviation from description or quantity.
(c) We reserve the right to deliver Goods in multiple instalments.
(d) Risk in Goods passes to you once the Goods are shipped. We will not be held responsible or accept any liability for any delays that may arise, or for any damage caused to the Goods once they are shipped.
4.3 Delays in delivery
(a) Any delivery times we provide are estimates only.
(b) We will notify you at the earliest practicable date if we believe that the delivery of Goods will be delayed. If so, we will advise you of a new delivery date.
4.4 Your delay or prevention of deliveryIf we are unable to deliver Goods to you because of your act or omission:
(a) the risk in the Goods will pass to you;
(b) the Goods will be deemed to have been delivered; and
(c) we may store the Goods until actual delivery is possible and you will be liable for any Claims we incur, including but not limited to the costs of redelivery, storage fees incurred and insurance.
4.5 Pick-upAlternatively, you may collect the Goods from a Clinic. If so, delivery will be deemed to have taken place at the time of pick-up.
4.6 Delivery CostsYou are responsible for the costs of delivery. Unless otherwise specified, the price of any Goods is exclusive of delivery.
4.7 You must inspect on deliveryYou must examine the Goods upon delivery and give us notice of any shortage, damage or errors within 3 Business Days. To the extent permitted by law, if you fail to give such notice to us, you will be deemed to have accepted that the Goods were in good order and condition.
5. No Medical Advice
(a) All information on our Website, any information provided by one of our Representatives, and other material relating to the Services or Goods (or provided in connection with them) is general only and is not intended as, nor should be relied on as, medical advice. Without limitation, we do not guarantee or warrant that the Services or Goods may be used to treat, cure, or prevent any disease or disorder, or that they are suitable for your personal health circumstances. Please consult your healthcare provider before making a Booking for the Services, or use of Goods.
(b) Without limitation, you acknowledge and agree:
(i) our Representatives are not, and make no representations that they are, registered health practitioners; and
(ii) adverse events such as perforation, injury and illness have been alleged and claimed with the use of colon irrigation.
(c) If during the session you experience discomfort or pain, you must immediately notify our Representative and ask them to stop the Services. You must then consult your healthcare provider before requesting any further Services.
(d) We may in our absolute discretion refuse to provide Services based on the health information you disclose to us. However, us not refusing to provide Services shall not be deemed to be a representation or statement as to their suitability.
(e) If in connection with the Goods you experience discomfort or pain, you must immediately stop use of the Goods. You must consult your healthcare provider before using the Goods again.
6. Payment
6.1 Usual Payment TermsFor all standard Orders and unless we otherwise agree in writing:(a) for Services, you must pay:
(i) the Booking Fee at the time you make a Booking, in order to secure it; and
(ii) the remainder of the Fee upon completion of the Services.
(b) for Goods, you must make payment in full (or enter into a payment arrangement with Afterpay) before we ship the Goods or allow you to collect them.
6.2 Payment Options
(a) Booking Fees may be paid by PayPal, credit/debit card, or any other payment method we may direct.
(b) The remainder of the Fees may be paid by cash, bank transfer, credit/debit card, Afterpay, Zip Pay, or any other payment method we may direct.
(c) When payment is made by credit card, we may charge a surcharge equal to the additional costs we reasonably incur in connection with processing the transaction.
6.3 Cancellation FeesWe may charge a cancellation fee to you if you do not cancel within the timeframes noted in our Booking Policy.
6.4 Failure to PayIf you fail to pay us any amount under these Terms by the due date for payment, we may (without limiting our other rights) immediately do any or all of the following, without any liability, until all overdue fees are paid:
(a) charge you interest on the overdue amount at a rate of interest per annum equal to the standard contract default rate published by the Queensland Law Society from time to time;
(b) withhold further performance of any obligations under any Order or other agreement between the parties until the overdue amount and interest has been paid in full;
(c) terminate these Terms without any obligation to refund you any money in respect of the cancellation, even if the contractual term of these Terms has not expired;
(d) if you provided us with your credit/debit card details, charge that card for the amount outstanding;
(e) initiate proceedings against you to recover the overdue amount (despite any dispute resolution clause in these Terms); and
(f) recover all costs to recover overdue amounts, including but not limited to legal costs and outlays on a full indemnity basis.
6.5 Our set-off rights
(a) We may, after having demanded payment of any amount overdue in accordance with clause 6.4, apply any payment paid by you against our costs and disbursements in recovering the amount due, any interest accrued, or the amount overdue.
(b) We may at any time set off any amount you owe us against any amount we may owe to you.
6.6 GST
(a) In this clause 6.5, adjustment note, GST, tax invoice and taxable supply have the meaning given to them in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(b) For each taxable supply under or in connection with any Order:
(i) We will charge you for any GST we pay in respect of the taxable supply;
(ii) you must pay us the amount of the GST at the same time as the relevant charge applicable to the supply becomes payable under the Order; and
(iii) We will provide a valid tax invoice or adjustment note to you in respect of the taxable supply.(c) The price of all Services is exclusive of GST unless expressly stated to be inclusive of GST.
6.7 Duties and TaxesYou are responsible for paying all government charges, taxes or duties of any kind incurred in or in connection with our supply of the Services. Such charges include without limitation custom duties, import taxes, all stamp duties, financial institution duties, and any other similar charges or duties.
7. Default & Termination
7.1 DefaultYou will be in default if you:
(a) fail to pay any amount to us by its due date;
(b) provide us with information which you know or have reasonable grounds to suspect is false, incomplete or misleading;
(a) are bankrupt, enter into an arrangement with your creditors, are insolvent under the definition in the Corporations Act 2001 (Cth), in liquidation or provisional liquidation, under administration or external control, or are affected by any analogous event;
(b) breach any provision of these Terms and fail to remedy that breach within 10 Business Days.
7.2 Consequences of defaultIf you are in default, then subject to any law (including requirements as to notice), we may, without limiting our other rights:
(a) demand immediate payment of all money you owe us whether due for payment or not;
(b) withhold further performance of any obligations under any Order or other agreement between the parties;
(c) immediately cancel any Order in effect with you without any obligation to refund you any money in respect of the cancellation.
7.3 Termination We may terminate these Terms or any Order immediately by written notice if you are:
(a) in material breach of these Terms; or
(b) in default for more than 10 Business Days.
7.4 Termination does not affect obligation to payTermination of these Terms or any Order shall not affect your obligation to pay any outstanding amounts or other amounts in relation to Services.
8. Warranties & Liability
(a) If you are a consumer within the meaning of Schedule 2 of the Competition and Consumer Act 2010 (Cth), there are certain rights (such as the consumer guarantees implied by that law), which cannot by law be excluded (Non-Excludable Condition). These Terms are subject to those Non-Excludable Conditions.
(b) Subject to any Non-Excludable Conditions and to the maximum extent permitted by law, we:
(i) exclude from these Terms all guarantees, conditions and warranties that might but for this clause be implied into these Terms;
(ii) exclude all liability to you for any Claim suffered or incurred directly or indirectly by you in connection with these Terms and any Order, whether that liability arises under common law, equity or under statute, except to the extent that the Claim arises due to our negligence or default; and
(iii) will not, under any circumstances, be liable to you for any loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of Goods, loss of opportunity or expectation loss, and any other form of consequential, special, indirect, punitive, or exemplary loss or damages, except to the extent that the Claim arises due to our negligence or default.
(c) If our liability under these Terms cannot be lawfully excluded, to the maximum extent permitted by law, our liability for breach of any Non-Excludable Condition is limited to (at our option):
(i) for Services: the supplying of the Services again, or the payment of the cost of having the Services supplied again; and
(ii) for Goods: the replacement of the Goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the Goods or of acquiring equivalent goods.
9. IndemnityTo the extent permitted by law, you release and indemnify us and our Representatives against all liability arising from Claims for:
(a) any personal injury to any person, or damage to any property, due to you:
(i) failing to obtain medical advice before engaging us to provide Services, before use of the Goods, or after suffering any pain or unexpected side effects from Services or Goods;
(ii) not disclose any information, including whether you have any medical conditions, are using any medications (prescription or otherwise), or are using any recreational drugs;
(iii) failure to comply with any instructions we or a Manufacturer provide for correct use of the Goods;
(iv) failing to comply with any directions and safety procedures notified by us or our Representatives;
(v) use of the Goods or Services in conjunction with other goods or services for which they were not intended; or
(vi) use of the Goods in a manner in which they were not intended
(b) any negligent or unlawful act or omission by you or your Representatives in connection with the Services or Goods;
(c) your breach of these Terms;
(d) our, the Manufacturer’s, or a third party’s reliance on an incorrect, incomplete or misleading representation you or your Representatives make to us;
(e) libel, slander, defamation, disparagement or false, misleading or deceptive conduct by you or your Representatives; or
(f) us being required under Privacy Law to correct any data, respond to any complaint, or address any other matter raised by a person,except to the extent that the Claim arises due to our negligence or default.
9.2 Conditions of indemnity
(a) We may make a claim under indemnities in these Terms in relation to a cost before having incurred the cost, or before making a payment in relation to the cost.
(b) The indemnities in these Terms shall be in addition to any damages for breach of contract to which we may be entitled. Nothing in the indemnities in these Terms will be construed so as to prevent us from claiming damages in relation to your breach of these Terms.
(c) Each indemnity in these Terms is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of these Terms for whatever reason.
10. Intellectual Property
(a) Unless otherwise agreed, each party retains ownership of all Intellectual Property rights in material owned or created by that party independently of these Terms. None of that Intellectual Property is assigned or transferred by way of these Terms.
(b) The parties agree that all Intellectual Property rights in the Services and Goods, and any other material, designs, methods or content we develop, including modifications, improvements and enhancements to Services and Goods, will vest in and are owned by us upon creation, even if based on your request or feedback.
11. Unforeseen EventWe shall not be liable to you for any Claim relating to a delay in delivery of any Services or Goods, or failure to comply with any of our other obligations under any Order, as a result of an Unforeseen Event.
12. Privacy
(a) You hereby authorise us to collect, retain, record, use and disclose consumer and/or commercial information about you, in accordance with Privacy Law, to persons and/or legal entities, including a solicitor or any other professional consultant we engage, a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings.
(b) We may give information about you to a credit reporting agency for the purposes of obtaining consumer and commercial credit reports and/or lodging consumer and commercial defaults on your credit file. This information may be given before, during or after the provision of credit to you and will be in accordance with Privacy Law.
13. General
13.1 Communications
(a) Communications must be in writing, and may be sent by mail, hand delivery or by email.
(b) A communication by email will be taken to have been received by the addressee at the earlier of the time stated in a read receipt sent by the recipient’s computer or when the message has been delivered to the email address of the addressee.
(c) A communication that is received after 5pm on a Business Day, or on a non-Business Day, shall be deemed to be received at 9am on the next Business Day.
(a) For the purposes of the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions (Queensland) Act 2001 (Qld), the parties agree to send, receive and execute notices and documents electronically, and agree that any document signed electronically will be binding with the same effect as a physical signature.
13.2 Inconsistency with other documentsIf these Terms are inconsistent with any other document between the parties, these Terms prevail to the extent of the inconsistency.
13.3 RelianceNeither party has entered into any agreement in reliance on or as a result of any representation, promise, statement, conduct or inducement by the other otherwise than as set out in these Terms.
13.4 Relationship of partiesThe relationship of the parties does not form a joint venture, partnership or agency, or create any form of employment relationship.
13.5 SeverabilityAny clause of these Terms, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms.
13.6 No waiver except in writingNo part of these Terms will be deemed waived, and no breach excused unless such waiver or consent is provided expressly and in writing.
13.7 Governing law The laws of the State of Queensland, Australia govern these Terms. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction in Queensland.
13.8 Assignment
(a) You cannot assign, novate or otherwise transfer any of your rights or obligations under these Terms or any Order without our prior written consent.
(b) We may assign, novate or otherwise transfer any of its rights or obligations under any contract arising from these Terms or any Order to a third party without your consent. If we reasonably require, you must sign any documents needed to give effect to this.
14. Definitions & Interpretation
14.1 Definitions
The following definitions apply in these Terms and the Policies:
Booking means a request for Services that you submit through the Website or such other method we agree.
Booking Fee means the deposit we request when you make a Booking.
Business Day means a day that is not a Saturday, Sunday or public holiday in Brisbane in the State of Queensland, Australia.
Claim means a claim, demand, remedy, injury, damage, loss, cost, liability, action, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against a person, however arising and whether ascertained or unascertained immediate, future or contingent, or subject of a dispute, litigation or analogous proceeding.
Clinic means any premises where we agree to provide Services or allow you to collect Goods.
Confidential Information means information that is by its nature confidential, including information related to a party’s internal business operations, customers or Intellectual Property Rights. It does not include information already rightfully known to the receiving party at the time of disclosure by the other party, or in the public domain other than as a result of disclosure by a party in breach of its obligations of confidentiality under these Terms.
Fee means our fees for performing the Services, as specified on our Website, or as we otherwise notify to you in connection with a Booking.
Goods means any goods we agree to supply to you, and where applicable also includes related services.
Intellectual Property Rights means all intellectual property rights, including copyright, inventions, patents (including patent applications), trade marks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, domain names, licences, know-how, trade secrets, and includes the right to register any intellectual property rights.Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.
Manufacturer means a third-party manufacturer of Goods.
Order means a contract between you and us for:
(a) the supply of Services, incorporating a Booking, the Policies and these Terms; or
(b) the supply of Goods, incorporating the Policies and these Terms.
Policies means our:
(a) Booking Policy, located at https://www.baysidecolonics.com.au/bookinginfo;
(b) Return Policy, located at [insert URL];
(c) Shipping Policy, located at [insert URL]; and
(d) Privacy Policy, located at [insert URL].Privacy Law means the Privacy Act 1988 (Cth) and any other law that governs the use, disclosure or management of data or information relating to persons.
Representative includes an employee, agent, officer, director, auditor, advisor, researcher, partner, consultant, contractor, sub-contractor, related body corporate, or other related entity (as that term is defined in the Corporations Act 2001 (Cth)) of a person.
Services means any services we agree to provide to you in connection with a Booking, and where applicable includes the supply of related goods.
Terms means these terms and conditions.
Unforeseen Event means pandemic or epidemic, fire, flood, tempest, earthquake, riot, civil disturbance, terrorism, theft, crime, strike, lockout, breakdown, war, government restriction, the inability of a Manufacturer or other supplier to supply necessary products or materials to us, or any other matter beyond a party’s reasonable control.
Website means https://www.baysidecolonics.com.au/ and any other website we use in connection with the Services (including any website used to accept Bookings).
You, your means the person or entity who purchases the Goods or Services pursuant to an Order.
14.2 InterpretationHeadings are only for convenience and do not affect interpretation. The following rules apply to these Terms and the Policies unless the context requires otherwise:
(a) the singular includes the plural, and the opposite also applies;
(b) a reference to one gender includes all other genders and no gender;
(c) if a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning;
(d) mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included
;(e) a reference to a party, clause, schedule, attachment or annexure is a reference to a party, clause, schedule, attachment or annexure to or of these Terms and a reference to these Terms includes all schedules, attachments and annexures to it;
(f) a reference to a document is to that document as varied, novated, ratified or replaced from time to time;
(g) a reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
(h) a reference to a party to these Terms or another agreement or document includes that party’s successors, administrators and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives, or a substituted or an additional trustee);
(i) if more than one person is identified as you, that expression refers to them and binds them, jointly and severally; and an obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally;
(j) a reference to a person, individual, the estate of an individual, authority, association, joint venture (whether incorporated or unincorporated), corporation, trust, partnership, unincorporated body or other entity includes any of them;
(k) a reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets; and
(l) a reference to dollars or $ is to an amount in Australian currency.