[Lady Harmony] – TERMS AND CONDITIONS
Welcome to the Terms and Conditions for Lady Harmony ABN 15496098071
This Website (Site) www.ladyharmony.com.au is owned and operated by Tanya Elise Fitzgerald, trading as Lady Harmony.
1. YOUR ACCEPTANCE:
In this Website Terms and Conditions “Tanya Elise", "Tanya Elise Fitzgerald", "Tanya Fitzgerald", "Lady Harmony", "we", "us" or "our" refers to Lady Harmony ABN 15496098071 and our Site (www.ladyharmony.com.au), other channels and/or addresses, Service(s), our Social Media Channels, and any other materials made available (including financial and/or free), as is appropriate in the context of the use of the words (“Tanya Elise", "Tanya Elise Fitzgerald", "Tanya Fitzgerald", "Lady Harmony", "we", "us" or "our").
We are a business providing individuals with Spinal Energetics, Coaching, Programs, Courses, Physical Products, Digital Products, along with information and the ability to sign up to our Mailing List and/or purchase our Product(s) and/or Service(s) (collectively referred to as “Lady Harmony Services”).
These Terms and Conditions together with our Privacy Policy apply to ALL Site visitors, Subscribers, Customers, and all other Users of the Site (“user”, “you” and “your”).
Please take the time to read the Terms and Conditions and Privacy Policy that are applicable to the use and enjoyment of this Site, our Lady Harmony Services and the free content made available to you via this Site and our Social Media Channels. If you do NOT agree, immediately cease using our Site.
Users of ANY of our Site, Service(s), Social Media Channels, and any other materials made available (including financial and/or free), MUST be 18 years of age or older and below the age of 70 years of age and have the legal capacity to enter into a legally binding contract.
2. JURISDICTION:
Your use of our Lady Harmony Site (www.ladyharmony.com.au), Service(s), our Social Media Channels, and any other materials made available, including these Terms (Medical Disclaimer, Terms of Use, and Release of Liability) are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site, Service(s), our Social Media Channels, and any other materials made available, complies with the laws (including intellectual property laws) of any state/country outside Victoria, Australia. If you access our Site from outside Victoria, Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site, Service(s), our Social Media Channels, and any other materials made available (including financial and/or free).
3. VARIATIONS:
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
4. LICENCE TO USE OUR SITE:
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent from Tanya Elise Fitzgerald.
5. PROHIBITED CONDUCT:
You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using our Site to defame, harass, threaten, menace or offend any person;
(c) interfering with any user using our Site;
(d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
(e) using our Site to send unsolicited email messages; or
(f) facilitating or assisting a third party to do any of the above acts.
6. EXCLUSION OF COMPETITORS:
You are prohibited from using our Site, including the Content, in any way that competes with our business.
7. NO COMMERCIAL USE:
Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.
8. INFORMATION:
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
9. INTELLECTUAL PROPERTY RIGHTS:
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content.
You must not:
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
User Content:
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site. You agree that you are solely responsible for all User Content that you make available on or through our Site.
You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third party sites:
Our Site may contain links to Websites (Sites) operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance:
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers:
To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free or free from viruses; or
(c) our Site will be secure.
You read, use and act on our Site and the Content at your own risk.
Account creation:
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Tanya Elise Fitzgerald (Lady Harmony) will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
10. REFUSAL OF SERVICE:
The Services are offered subject to our acceptance of your order, booking, or requests. We reserve the right to Refuse Service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until
a. payment has been processed;
b. you meet the required eligibility standards highlighted in the Medical Disclaimer, Terms of Use, and Release of Liability Waiver; and
c. we have formally agreed to provide Service(s).
You understand that Tanya Elise Fitzgerald (Lady Harmony) may at any time change, cancel, or discontinue any aspect or feature of any Service(s) and that you will be refunded in full within 30 days via the same card that you purchased the Service(s) through.
In addition, we reserve the right to remove the accounts held by any individual(s) and/or representing companies without a formal explanation.
11. MEDICAL DISCLAIMER AND RELEASE OF LIABILITY WAIVER:
For the purposes of this Release of Liability Waiver, the term “Releasee” shall refer to any or all of: Name of facilitator: Tanya Elise Fitzgerald (Lady Harmony ABN 15496098071) and the term "I", "My", "Purchaser", "Releasor" or "Participant" shall refer to any individual who makes a purchase(s) (including, financial and/or free) from Tanya Elise Fitzgerald (Lady Harmony).
I, the Participant, (“the Releasor/Participant”), understand and acknowledge that this Service(s) and its discussions are not intended to replace any relationship, psychological, and/or medical advice that I have or have received from my medical doctor(s), professional psychologist(s), psychiatrist(s) or primary health care provider(s).
I understand, accept, and respect that this Service(s) is not intended to constitute medical advice, diagnosis, treatment, or any substitute medical or psychological care in any way.
I understand, accept, and respect that this Service(s) is not intended to be relied on for prescriptions, recommendations, diagnosis, or treatment in relation to any health problem or disease.
I understand, accept, and respect that any information or guidance provided by Tanya Elise Fitzgerald is not a substitute for the consultation, diagnosis, and/or medical treatment of my doctor(s), psychologist(s) or any registered healthcare providers.
I understand, accept, and respect that Tanya Elise Fitzgerald (Lady Harmony) reserve the right to Refuse Service to any order, person or entity, without the obligation to assign reason for doing so. I understand that Tanya Elise Fitzgerald (Lady Harmony) may at any time change, cancel, or discontinue any aspect or feature of this Service(s) and that I will be refunded in full within 30 days via the same card that I purchased this service through.
I understand that if I am taking any medications or have any medical conditions including, but not limited to the following list, I will not be able to attend and understand, accept, and respect that my Session(s) will be cancelled and I will be refunded in full within 30 days via the same card that I purchased this service(s) through:
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Under 12
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Pregnant
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Detached Retina or Glaucoma
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Recent physical injuries, fractures, or surgeries
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High Blood Pressure (that is not controlled with medication)
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Recent Cardiovascular conditions (Angina, Heart Attack/s, or Stroke/s)
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Diagnosis of an Aneurysm in the brain or abdomen
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Epilepsy/Seizures
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Thyroid conditions and Diabetes (that is not controlled with medication)
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Severe Asthma – (low risk, please bring your inhaler to the Session/s)
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Currently taking heavy medications that alter brain chemistry (i.e. Psychosis, Panic Disorder or severe cases of Depression and/or Anxiety)
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Prior diagnosis of Bipolar Disorder, Dissociative Identity Disorder, Multiple Personality Disorder, Schizophrenia, or previous psychiatric conditions
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Hospitalisation for any psychiatric condition or emotional crisis within the last 10 years
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Any other medical, psychiatric, or physical conditions which would impair or affect your ability to engage in any activities that involve intense physical and/or emotional releases
I understand, accept, and respect that this list is not all-inclusive, and that Tanya Elise Fitzgerald (Lady Harmony) does require the full disclosure about any conditions that are not listed.
I understand, accept, and respect that if I have or have had any conditions, I will consult a physician before participating in this Service(s).
I understand, accept, and respect also understand that even though I have been accepted as a participant, I am responsible for any consequence resulting from this Service(s).
I certify and uphold the sole responsibility to consult a health professional regarding ANY condition, including but not limited to, physical, mental, or emotional, that could interfere with I, as the participant, health, wellbeing and/or judgment in any way during or after this Service(s).
I understand and acknowledge that I am responsible for consulting relevant health care provider(s) or doctor(s) in case I have or suspect to be suffering from a health problem to any capacity.
I understand the stories or testimonials presented before or during the Service(s) do not constitute a warranty, guarantee, or prediction regarding my experience during or after the Service(s).
I understand that there is no warranty, guarantee, or prediction that I will experience any particular outcome.
I further understand, accept, and respect that participating in this Service(s) is not intended to create, nor does it establish a Client-Practitioner relationship or any other type of Therapeutic, Professional or Personal Relationship between I and the facilitator Tanya Elise Fitzgerald.
I understand, accept, and respect and acknowledge that by participating in this Service(s), I do it at my own risk. It is with this understanding that I voluntarily sign this Release of Liability Waiver.
I agree to assume and accept full and complete responsibility for any known and unknown risks associated with the participation in this Service(s), including any physical injury, psychological or emotional effects, death, loss, or property damage.
In my personal name, that of my heirs and assignees, I exonerate and totally and indefinitely release the relinquishes of any suit, complaint, declaration, damage, cost, and/or expense of any kind (that any such prosecution, complaint, declaration, damage, cost and/or expense is caused by the passive or active negligence of the Releasee or otherwise) in connection resulting from any Service(s) and/or Recourse(s) that are shared including, but are not limited to, advice, suggestion(s), recommendation(s), and practice(s) offered.
By making this purchase(s) for this SPINAL ENERGETICS Service(s) I am understanding, accepting, and respecting this Release of Liability Waiver, while simultaneously agreeing to the above Medical Disclaimer and Terms of Service that I have just read.
12. PRODUCT DESCRIPTION:
We endeavour to describe and display the Service(s) as accurately as possible. While we try to be as clear as possible in explaining the Service(s), please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
13. ORDER CONFIRMATION:
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
14. DURATION OF AGREEMENT:
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Tanya Elise Fitzgerald (Lady Harmony) when there are reasonable delays in the access of the Service.
Tanya Elise Fitzgerald (Lady Harmony) reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
If you are paying on a monthly subscription this allows you access to the Service for 30 days. Failure to pay your monthly subscription payment will result in access to the Service being stopped.
15. CANCELATION POLICY:
Here at Lady Harmony, we do things a little differently.
We like to avoid charging our clients rescheduling fees, when possible.
We understand that accidents and emergencies happen that sometimes prevent 24-hour notice for rescheduling an appointment.
For this reason, we require all of our Service(s) to be paid in full via our online booking service.
If for some unforeseen reason you cannot make your appointment and you have given us less than 12-hours notice, we will deduct 50% of your total booked service and credit your next appointment with the remaining 50%.
Please email tanya@ladyharmony.com.au at your earliest convenience to reschedule your appointment to avoid the above charges.
16. NO-SHOW POLICY:
If for some unforeseen reason you cannot make your appointment and you have NOT given Lady Harmony ANY notice via email (tanya@ladyharmony.com.au) prior to your appointment, we will deduct 100% of your total booked Service(s) and you will be require to rebook your next appointment without ANY financial credit, in any way shape or form.
Please email tanya@ladyharmony.com.au at your earliest convenience to rebook your appointment, or simply rebook your appointment using our online booking link: https://www.ladyharmony.com.au/bookings and/or log into your account via your login details specific to your Member Account.
17. REFUND POLICY:
We do not offer ANY refunds for our Services for change of mind for any of our Product(s) or Service(s) including, but not limited to, Spinal Energetics, Online Programs, Coaching, Memberships, E-books, and/or Activity Workbooks.
You may, however, cancel your monthly subscription at any time via your account page, but due to the nature of the Service, no refunds will be made for any membership fees already paid.
Once you cancel you will no longer have access to the Service(s), including all content and community resources, once your current membership period is completed.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
18. LIMITATION OF LIABILITY:
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
19. INDEMNITY:
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
20. TERMINATION:
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
21. DISPUTES:
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.
All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
22. SEVERANCE:
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
For any questions and notices, please contact Tanya at:
Email: tanya@ladyharmony.com.au
Lady Harmony ABN 15496098071
Last update: 14/01/2025
