Qantum Kinesiology Logo

These Terms of Service (“Terms”) govern the use of the kinesiology services provided by Qantum Kinesiology Pty Ltd ACN: 669 532 78/ABN: 69669532781 (“we”, “us”, ”our”), the use of our website and online booking system, collectively (our “Services”). By accessing and using our Services, you agree to comply with and be bound by these Terms.

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. 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 written consent.

2. Modifications to the Service

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

3. Services

Kinesiology is an alternative, energetic healing modality that works with the body’s energy systems using an indicator muscle as a biofeedback system to obtain information about the integrity of the energy flow within the body.

Qantum Kinesiology offers a one-on-one kinesiology balance session (“Session”), conducted by one of our qualified kinesiologists. The session can be conducted using the Zoom platform or via the telephone.

4. Professional Standards

All Sessions are provided by qualified and experienced practitioners who adhere to professional standards and ethical guidelines, as well as Qantum Kinesiology’s Code of Conduct.

5. Bookings

Session appointments can be made via our website using our online booking platform Calendly. You can schedule an appointment with a practitioner of your choice, subject to availability. Payment is required in full at the time of booking. Payments made through Calendly are encrypted for privacy and security.

6. Payment

All prices are in Australian Dollars (AUD) and our credit card transactions are processed in AUD. All fees and charges are exclusive of GST.
Prices for our Services are subject to change without notice.
All Sessions are 60 minutes in duration and cost $365 per Session.

7. Pre-paid Session Package Prices

a. You may choose to purchase a Session package, which includes a set number of 60-minute kinesiology Sessions at a discounted rate.
b. The standard rate for a single 60-minute Session is $365.
c. The Session packages available are as follows:
i. 3 Session Package: $999 (saves $96 compared to individual sessions)
ii. 6 Session Package: $1999 (saves $191 compared to individual sessions)
d. By purchasing a package, you acknowledge and agree to the terms and pricing of the selected session package.

7.1 Pre-paid Session Package Refunds

Once the session package is purchased, refunds are not provided for unused Sessions or change of mind.
In the event of exceptional circumstances, such as serious illness or relocation, you may request a refund for the remaining unused sessions. Such requests will be considered on a case-by-case basis, and any approved refunds will be subject to a reasonable administrative fee.

7.2 Pre-paid Session Package Cancellation Policy

You understand and acknowledge that pre-paid Sessions are reserved specifically for you.
Cancellations or rescheduling of Sessions within 24 hours of the scheduled ession time may result in the Session being considered as conducted, and it will be deducted from the remaining Sessions in the package.
No-shows (failure to attend the scheduled Session without prior notice) will be considered as conducted Sessions and deducted from the remaining Sessions in the package.
Late arrivals may result in a shortened Session, and the full duration will be considered as a conducted Session.
Cancellation or rescheduling requests should be made at least 24 hours in advance to avoid Session deduction.
You acknowledge and agree to the refund and cancellation policy for pre-paid Session packages. It is your responsibility to adhere to the cancellation policy to avoid session deductions. The kinesiologist reserves the right to modify the refund and cancellation policy at their discretion.

8. Payment Methods

Payment for individual Sessions and Session packages must be made at the time of booking and we accept the following payment methods:

Paypal
Credit Card
Google Pay
Apple Pay

8.1 Payment Plans

The following payment plans are available:

Paypal pay in 4
Stripe buy now pay later

9. Cancellation and Rescheduling

Please note that cancellation, rescheduling, or no-show fees are implemented to compensate for the time and resources allocated for your appointment and the inconvenience caused to other clients who may have been denied the opportunity to schedule during that time. We understand that emergencies and unexpected situations can occur, and we will take them into consideration on a case-by-case basis.

If you have any questions or need to cancel or reschedule your appointment, please contact us as soon as possible.

9.1 Cancellation

If you need to cancel your appointment, we kindly ask that you provide at least 24 hours’ notice prior to the scheduled appointment time. You may reschedule or get a full refund of the Session cost.

Cancellations made with less than 24 hours’ notice may be subject to cancellation fee which will be 50% of the cost of the Session and any request to rescheduling is at the booked practitioner’s discretion.

9.2 Cancellation by Practitioner

If the practitioner is unable to fulfil the booked Session because of illness or unforeseen circumstances, you will be able to reschedule or obtain a full refund for the cost of the Session.

9.3 Rescheduling

If you need to reschedule your appointment, we request that you notify us as soon as possible to secure an alternative appointment time.

Rescheduling requests are subject to availability.

9.4 No-show policy

If you fail to show up for your scheduled appointment without prior notice, it will be considered a no-show.

No-shows may be subject to a fee equivalent to the full Session fee.

9.5 Late Arrivals

If you are running late for your Session, please let your Practitioner know as soon as possible. Late arrivals may result in a shortened Session at the discretion of the Practitioner.

10. Disclaimer

Qantum Kinesiology provides kinesiology Services for the purpose of supporting the body’s self-healing abilities. Kinesiology does not claim to diagnose, treat, or cure disease. We do not guarantee specific outcomes or results. You acknowledge that your progress and experiences may vary.

Kinesiology is not a substitute for medical care. Our Services are complementary and should not be considered a substitute for professional medical care. If you have medical conditions or concerns, you should consult your healthcare providers before seeking kinesiology Services.

11. Online & Telephone Kinesiology Sessions

11.1 Informed Consent

You voluntarily seek kinesiology Services and understand that it involves non-invasive techniques to support your overall well-being.

You have been provided with information about the nature and purpose of kinesiology, its potential benefits and any potential risks or limitations associated with the practice.

You have the right to ask questions and seek clarification about any aspect of the kinesiology Session or techniques used.

By participating in the online kinesiology Session, you provide informed consent to engage in the online session (online Session refers to both telephone and Zoom Sessions).

You acknowledge that the virtual Session is a substitute for in-person Sessions and agree to receive kinesiology Services through the online platform or telephone.

11.2 Right to Withdraw Consent

You have the right to withdraw consent and discontinue the kinesiology Session at any time.

If you choose with withdraw consent, you understand that it may limit the effectiveness of the Session and the potential benefits that you may experience.

11.3 Technical Requirements

You acknowledge and understand the technical requirements for participating in the online Session, including but not limited to a stable internet connection, compatible device, and access to necessary software or applications.

You assume responsibility for ensuring your technical setup is suitable for participating in the online Session.

11.4 Privacy and Confidentiality

You understand that the kinesiology Session is private and confidential.

Personal and sensitive information shared during sessions will be kept confidential and handled in accordance with the Australia Privacy Principles (APP’s) as governed by the Privacy Act 1988 (Cth) and will not be disclosed to third parties without your explicit consent, expect as required by law.

The kinesiologist will take reasonable measures to ensure the security and confidentiality of the Session as outlined in our Privacy Policy.

11.5 Boundaries and Professional Conduct

The kinesiologist will maintain appropriate professional boundaries during the Session, ensuring a safe and respectful environment.

You are encouraged to communicate openly about your comfort levels, any discomfort, or any boundaries you wish to establish during the Session.

11.6 Risks and Limitations

You acknowledge that there are inherent risks and limitations associated with online Sessions, such as technical disruptions, data security risks, and limitations in non-verbal communication cues.

You agree to accept these risks and limitations when participating in the online kinesiology Session.

11.7 Professional Integrity

The kinesiologist will uphold professional standards and provide a safe and secure online environment for the Session.

You are expected to respect the integrity of the Session and refrain from recording to maintain the confidentiality and trust within the therapeutic relationship.

11.8 Recording Prohibition

You agree not to make any audio, video, or photographic recordings of the online kinesiology Session.

This includes but is not limited to, capturing audio, video, or screenshots of the Session through any device or software.

11.9 Violation of Recording Prohibition

Any violation of this recording prohibition may result in immediate termination of the Session without refund.

You may also be subject to legal consequences as applicable under the relevant laws and regulations.

By participating in the online kinesiology Session, you acknowledge and agree to comply with this provision regarding the prohibition of recording the session. This provision ensures the privacy, confidentiality, and professional integrity of the online kinesiology experience.

11.10 Scope of Services

You acknowledge that the online kinesiology Session is not a substitute for medical or psychological treatment.

The kinesiologist will provide Services within the scope of practice, and you understand that the results may vary.

By participating in the online kinesiology Session, you acknowledge and agree to the terms of this provision. You understand the risks, limitations and requirements associated with online Session and consent to engage in the online Session accordingly.

12. Limitation of Liability for Online Sessions

You acknowledge that the online Sessions provided by the kinesiologist do not guarantee any specific results or outcomes from the Sessions. By participating in the online Session, you acknowledge and agree to the limitation of liability provision stated below. You acknowledge that it is your responsibility to assess the suitability of the online Sessions and to use them at your own risk.

You understand and agree that the kinesiologist and Qantum Kinesiology is not responsible for any direct, indirect, incidental, or consequential damages that may arise from participating in the online Sessions, including but not limited to:

Any reliance on the information or guidance provided during the Sessions.
Technical issues or interruptions during the online Sessions, including internet connectivity problems, software malfunctions, or other technical difficulties.
Any actions or decisions made by the client based on the information or guidance received during the Sessions.

The kinesiologist and Qantum Kinesiology shall not be liable for any damages, losses, or injuries arising out of or in connection with the online Sessions, to the fullest extent permitted by law.

You acknowledge that the kinesiologist is not a licensed medical practitioner and that the online Sessions are not a substitute for professional medical advice or treatment. You are solely responsible for consulting with appropriate healthcare professionals regarding your specific health concerns.

You agree to indemnify and hold harmless the kinesiologist from any claims, damages, or liabilities arising out of or in connection with the online Sessions, including any claims brought by third parties.

The total liability of the kinesiologist and Qantum Kinesiology, whether in contract, tort, or otherwise, shall be limited to the amount paid by you for the online Sessions.

13. Intellectual Property

Unless otherwise indicated, we own or licence all rights, title, and interest (including intellectual property rights) in our Site and all 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 may view this Site and its Contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) you must not copy or use, in whole or in part, any Content; reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Content to any third party; or 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. Unauthorised use of any content from this Site may violate copyright trademark, and other applicable laws.

14. Termination

14.1 Termination by you

You may terminate your engagement with our Services at any time by providing written notice, any unused sessions or prepaid fees may be subject to refund or adjustment as determine by Qantum Kinesiology.

14.2 Termination by us

We reserve the right to terminate the client-practitioner relationship if you breach these Terms, engage in misconduct, present a risk to the well-being of our practitioners, or if the practitioner believes you need to be referred to a medical professional for your own well-being.

14.3 Effect of Termination

The provisions regarding intellectual property rights, limitations of liability, confidentiality, and any other provisions that, by their nature, should reasonably survive termination, shall continue to be binding upon both parties.

15. General Conditions

We reserve the right to decline to provide our services to you for any reason at any time. Please understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

16. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

17. Third Party Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

18. Third-Party Links

Certain content, products, and services available via our Site may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

19. Client Testimonials and Reviews

We may request and collect testimonials or reviews from you regarding your experience with our services. We always gain your express consent before using your testimonial. By providing a testimonial or review, you understand and agree that:

Your testimonial or review may be used for promotional or marketing purposes on our website, social media platforms (including but not limited to Facebook, Instagram, TikTok), advertisements, or any other promotional materials.

We may use your testimonial or review in its entirety or in part, and we reserve the right to edit or modify it for clarity, length, or any other necessary purpose.

Your testimonial or review may include personal information such as your first name, initials, or general geographic location. However, we are committed to protecting your privacy, and we will take reasonable steps to ensure that any personal information shared in testimonials or reviews is anonymised or used with your explicit consent.

You retain the right to withdraw your consent for the use of your testimonial or review at any time. To do so, please contact us at info@qantumkinesiology.com. We will promptly remove or anonymise your testimonial or review from our promotional materials, as applicable.

Please be aware that any testimonial or review you provide is voluntarily given and that you have the legal right and authority to grant the rights and licenses outlined in this clause.

Please note that testimonials or reviews provided by clients are individual experiences and may not reflect the experiences of others. We do not guarantee the accuracy, completeness, or usefulness of any testimonials or reviews posted.

By using our services and providing a testimonial or review, you acknowledge that you have read, understood, and agree to be bound by the terms outlined in this clause.

20. 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):
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;
Using our Site to defame, harass, threaten, menace or offend any person;
Interfering with any user using our Site;
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;
Using our Site to send unsolicited email messages; or
Facilitating or assisting a third party to do any of the above acts.

21. 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.

22. Warranties and Disclaimers

We do not guarantee, represent, or warrant that your use of our Site will be uninterrupted, timely, secure, or error-free. You agree that from time to time our Site may be unavailable or we may cancel the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

23. Limitation of Liability for use of the Site

To the maximum extent permitted by law, Qantum Kinesiology, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors are not liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site, or for any other claim related in any way to your use of the Site or any product or service, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Site or any content posted, transmitted, or otherwise made available via the Site, even if advised of their possibility.

24. Indemnification

You agree to indemnify, defend, and hold harmless Qantum Kinesiology and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including legal fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

25. Severability

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 other provisions in these Terms.

26. No Waiver

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

27. Interpretation

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

28. Entire Agreement

These Terms and any policies or operating rules posted by us on this Site or in respect to our Services constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

29. Governing Law

Your use of our Site or our Services are governed by the laws of Western Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western 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 internationally. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If You access our Site from outside of Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

30. Contact

Any questions or complaints relating to these Terms or our Services should be directed to our Director by emailing info@qantumkinesiology.com.

Last Updated 5th September 2023.