1 Acceptance of Terms

1.1This website, application, platform and any service offered under the name “Heal Bath House” is operated and owned by HEAL BATH HOUSE PTY LTD (ACN 687 227 916) and its related entities or body corporates (“us”, “we” and “our”).

1.2Your use of the Site is strictly subject these Terms and any other policy displayed on the Site (together the “Terms”). Every time you use this Site or make any purchase off this Site, you indicate that you have read, understood, and accepted to be bound by these Terms. If you do not agree to be bound by these Terms, you must not use the Site.

1.3We may amend or modify the Site and/or the Terms at our sole discretion and at any time. Any amendments are effective 14 days after publication on the Site. Your continued use of the Site following such modifications will be deemed as acceptance of these modifications.

1.4These Terms will prevail over any other terms or agreement between you and us.

2 Definitions

2.1In these Terms: Business Day means a day on which banks are open for business in the State other than a Saturday or Sunday. Claim means a claim, action, proceeding, notice, litigation, investigation, judgment, liability or demand made against the person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or deferred whether based in contract, tort or statute and whether involving a third party or party to this agreement. Copyright Act means the Copyright Act 1968. Health Practitioner means health practitioner as defined in the Health Practitioner Regulation National Law (VIC) Act 2009. Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable. Price means for each Product, the price listed on Site and which are subject to change from time to time. Privacy Policy means our privacy policy available on our Website. Product means any goods or services offered by us or under the name “Heal Bath House”, including without limitation products and services at our premises, treatments, food, email subscriptions and physical products. A list of our most common Products is available on our Website. Sale Contract means a binding legal agreement under which we sell you the relevant Product/s for the Price/s. Site means this website, app, platform and any service offered under the name “Heal Bath House”. State means Victoria. Terms means these Terms of Use which include the Privacy Policy, the Shipping and Return Policy and any other policy displayed on the Site. Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied. We, we, us, our means HEAL BATH HOUSE PTY LTD (ACN 687 227 916) and its related entities or body corporates. Website means https://www.healbathhouse.com.au/ You, you or your mean you and any user of this Site.

3 Access

3.1To access and use the Site or any Products, you must be at least 18 years old and have the legal capacity to enter into binding contracts. If these conditions are not satisfied, please cease using the Site immediately.

4 Your conduct

4.1In using the Site, you must:

(a)strictly comply with any policy displayed on our Site;

(b)not breach any law (including international law) which may apply in respect of your use of the Site;

(c)not use the Site to stalk, harass, intimidate, mock or ridicule or in any other way make someone else feel uncomfortable;

(d)not conduct vulnerability tests or scans on the Site or attempt to make unauthorised modifications to the Site;

(e)not interfere with the proper working of the Site or any activities conducted via the Site, including by using any automated or manual software or process to "crawl", "spider" or engage in similar conduct in relation to the Site; and

(f)except to the extent the Copyright Act allows you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of the Site.

5 Your information

5.1In order to provide you with the Products, we may require you to provide certain information. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Products.

5.2We collect personal information about you in order to provide you with the Products and for purposes otherwise set out in our Privacy Policy. We may also disclose personal information to third parties that help us deliver our Products or as required by law. If you do not provide this information, we may not be able to provide all of our Products to you. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

5.3You acknowledge that we rely on all of the information you provide to us, including without limitation any information relating to any health conditions, allergies or dietary restrictions you may have.

6 Products

6.1You may purchase or book Products from us through the Website, by email, by phone, or in person. These Terms will apply to all Products regardless of the manner in which the Products are purchased or booked.

6.2All Products are subject to availability, and we reserve the right to refuse any Product to anyone, without having to provide a reason.

6.3All Products must be paid for in full prior to being provided.

6.4Cancellations:

(a)If you cancel any bookings more than 24 hours prior to the booking date, you will get a full refund for the amount you paid for the Product (minus any credit card fees or disbursements).

(b)If you cancel any bookings 24 hours or less prior to the booking date, no refund will be issued to you.

(c)Notwithstanding the above, if an unexpected or unforeseeable death occurs to an immediate family member, you may cancel a booking and receive a full refund for the amount you paid (minus any credit card fees or disbursements). We may request a copy of the death certificate of the deceased for evidentiary reasons.

6.5If you have subscribed to our email subscription Product, you may opt-out at any time by using the ‘unsubscribe’ button.

7 Promotions

7.1For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

8 Intellectual Property Rights

8.1Unless otherwise indicated or implied by context, we are the sole owners or licensees of all intellectual property comprised in the Site and the Site content. Nothing in these Terms constitutes a transfer of any intellectual property rights in or related to the Site or Site content by us to you.

8.2You acknowledge and agree that the Site and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Site.

8.3You must not do anything which breaches or otherwise interferes with our intellectual property rights or those of any of our third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Site content without our prior written permission or that of the relevant third-party licensor or exploit such content for commercial benefit.

8.4You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 8 and that equitable or injunctive relief may be necessary.

9 Disclaimer

9.1You acknowledge and agree that:

(a)WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE PRODUCTS AND ANY INFORMATION PROVIDED BY THE WEBSITE DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. WE DO NOT DIAGNOSE, CURE NOR TREAT DISEASES OR MEDICAL CONDITIONS, AND NOTHING CONTAINED IN THE PRODUCTS SHOULD BE CONSTRUED AS SUCH ADVICE OR DIAGNOSIS. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED BETWEEN YOU AND US. THE USE OF THE PRODUCTS IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL OR CONTACT A QUALIFIED HEALTH PRACTITIONER;

(b)If you suffer from, or are affected by, any medical conditions that may be complicated or exacerbated by the use of our Products, particularaly the Bathhouse facilities, services or features (Bathhouse Features), or that may require increased supervision or an urgent medical response, you must seek medical advice before use and disclose any relevant conditions to staff prior to participating. Such conditions include, without limitation:

(i)conditions involving high fever;

(ii)extreme hypertension;

(iii)malignant tumours or cancerous conditions;

(iv)liver, kidney or circulation disorders;

(v)conditions presenting a high risk of haemorrhaging;

(vi)anaemic conditions;

(vii)congestive heart failure, recent stroke, or recent heart attack;

(viii)pregnancy; or

(ix)diabetes.

Your use of the Bathhouse Features is entirely at your own risk. We are not medical professionals and do not provide medical advice, diagnosis or treatment. To the fullest extent permitted by law, we accept no responsibility for any injury, loss or damage arising from your use of the Products or Bathhouse Features where such conditions exist or are aggravated as a result of participation;

(c)the Website and any Products by us are not a substitute for specific medical advice by a qualified Health Practitioner and the Website is for general information purposes only;

(d)you should not rely solely on any information provided on the Website and Products in relation to medical treatments, and must always obtain specific independent advice, including without limitation, advice from an appropriate qualified Health Practitioner, to determine what medical treatments are suitable for you;

(e)you should continue to see any qualified Health Practitioner you currently see, and any prescription medication should not be altered without first consulting the qualified Health Practitioner who recommended it;

(f)despite any information provided on the Website and Products, if any qualified Health Practitioner provide you with any advice in relation to any treatments or Products, you must follow that advice and must not do anything inconsistent with any such advice;

(g)you must not delay seeking medical advice from your qualified Health Practitioner because of any information provided on the Website and Products;

(h)our Products are complementary or alternative therapies, as opposed to conventional treatments by medical doctors or Health Practitioners, and our practitioners are practitioners of complementary or alternative medicines; and

(i)the success of (or any results that may be gained from) complementary or alternative therapies are not guaranteed and may depend on a variety of factors. We do not guarantee that any results may be achieved from the use of any Products. You use any Products at your sole risk.

10 Third party sites

10.1The Site may link to websites that are owned and operated by third parties over whom we have no control. These external websites are governed by independent terms and conditions and privacy policies which you must review prior to using such websites.

10.2You acknowledge and agree that when you access a third-party website available via a link contained on the Site:

(a)you do so at your own risk and that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of such third-party website; and

(b)we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website.

11 Limitation of liability

11.1TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES EXCEPT FOR THOSE EXPRESSELY STATED IN THE TERMS. ANY PRODUCTS SUPPLIED PURSUANT TO A SALE CONTRACT ARE SUPPLIED “AS IS” AND “AS AVAILABLE”.

11.2Any information or advice provided on the Site, including any information or advice in relation to the Products or anything else, is of general nature only. You acknowledge that:

(a)your use of any Products and consumables or any advice is solely at your own risk;

(b)you must rely entirely on your own enquiries and judgment in relation to Products and anything offered by us, any advice and any other information or material contained on the Site;

(c)you must not use any Products or other accessories in a manner inconsistent with any displayed instructions; and

(d)we are not liable for any reckless or negligent act or omission by you.

11.3You must take reasonable steps to store, maintain and clean all Products and accessories in accordance with standard practice and any instructions provided. We exclude all liability for any damage to the Products caused by your failure to properly follow our advice or reasonable caution in this regard.

11.4To the extent that any law including Competition and Consumer Act 2010 (Cth) (“CCA”) restricts our right to exclude Warranties under these Terms, these Terms must be read subject to those provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, we limit our liability pursuant to such provisions to:

(a)the replacement of the relevant Products or the supply of equivalent products;

(b)the repair of the relevant Products;

(c)the payment of the cost of replacing the relevant Products or of acquiring equivalent products; and

(d)the payment of the cost of having the relevant Products repaired.

11.5Our liability arising in connection with these Terms or the Site is also limited as follows:

(a)we exclude all liability for consequential, special, indirect, non-economic or remote loss, including loss of opportunity or business;

(b)our total maximum total liability arising in connection with these Terms is capped to the total amount of Prices of any Products you have purchased from us in the last 12 months;

(c)our liability is excluded to the extent that you contributed to the liability or are aware of anything for longer than six months but have not commenced a Claim; and

(d)our liability is subject to your duty to mitigate your loss.

11.6We provide the Site on an “as is” and on an “as available” basis without any Warranties as to continuous, uninterrupted or secure access to the Site, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have disruption or other difficulties in using the Site.

11.7In the event that we terminate the Site or your access to the Site pursuant to these Terms, you release us from all Loss or Claims suffered by you as result of or arising out of such termination.

11.8All of the above subclauses are cumulative to one another.

12 Release and Indemnity

12.1To the maximum extent permitted by law, you agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

12.2To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.

12.3You agree to promptly notify us of any third-party Claims, cooperate with all Released Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, legal fees). You agree not to settle any Claim without our prior written consent.

12.4In this clause:

(a)Released Parties means us and our officers, directors, shareholders, agents, employees, consultants, associates, affiliates, subsidiaries, sponsors, and other third-party partners.

(b)Relevant Matter means anything in connection with:

(i)any damage to person, property, personal injury or death, or defect in the Products, or the use, repair, or storage, of the Product;

(ii)cancellation of an order, howsoever caused;

(iii)your breach of these Terms, the Sale Contract or any applicable law;

(iv)any matter for which we have purported to disclaim liability for under these Terms; and

(v)your use, misuse, or abuse of the Site.

13 Termination

13.1You acknowledge and agree that:

(a)we may terminate your access to the Site at any time without giving any explanation;

(b)we may terminate these Terms or any Sale Contract immediately by notice to you in writing if you are deemed to breach these Terms or associated policies in any way, in our sole discretion; and

(c)Termination of these Terms, a Sale Contract or your access to the Site does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.

14 General

14.1You agree that our delivery notes will be deemed to be proof of delivery to you of the Products described in the delivery note. In the event of a dispute as to the number of Products sold and delivered and their value, the onus of proving that the Products were not delivered and/or the quantity and price thereof is not in accordance with our invoices will be upon you.

14.2Unexpected Events: We are not liable for any failure to comply with a Sale Contract if the failure (directly or indirectly) arises out of circumstances which are not within our reasonable control such as strikes, lock-outs, failure of usual sources of supply of Products, civil commotion, acts of terrorism, commercial exigencies, accidents, war, fire, flood, explosion, shortage of power, breakdown of plant or machinery, shortage of raw materials from normal source of supply, act of God or any order or direction of any local, state or federal government, government agency or instrumentality. If such circumstances occur, we may delay or suspend delivery of Products, without any cost to us. In such an event, we may with your consent cancel the order and at our sole discretion, issue a credit, or refund any moneys paid in advance, after which you will have no further claim on the Products or against us. If the order is not so cancelled, we will complete delivery as soon as reasonably practicable.

14.3No concession, latitude or indulgence allowed by us to you may be construed as a waiver or abandonment of any of our rights under the Terms or act as an estoppel against us.

14.4You agree that a certificate signed by any of our employees setting out the balance owing by you to us for Products sold will be final, binding and conclusive as against you.

14.5You hereby irrevocably appoint us as your attorney and agent to do all acts and deeds and sign all documents in your name so as to enable us to exercise our rights under these Terms or any Sale Contract.

14.6Notices are taken to be read on the day they are received, unless they are received after 5 PM or not on a Business Day, in which case they are deemed to be received on the next Business Day. Any notice to you will be addressed to the most recent address that we have of you in our records. Any notice to us must be sent to hello@healbathhouse.com.au

14.7You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

14.8If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

14.9These Terms are governed by the laws of the State and each party submits to the exclusive jurisdiction of the courts of that State and all courts of appeal therefrom.

14.10Any waiver of any term on these Terms by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.

14.11The contents of these Terms and the Sale Contract constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this agreement, whether orally or in writing.

14.12A provision of this agreement which can and is intended to operate after its conclusion will remain in full force and effect – including all indemnities and releases.