Happy Cells ACN 608 204 388 trading as “Pit Stop SEQ”
3 Lorrimore Street, Macgregor, QLD 4109. Telephone: 0439746807 Email: thpSEQ@gmail.com
Pit Stop SEQ – Terms & Conditions
- IntroductionThis Agreement comprises the information in the Registration Form and these Terms & Conditions, and is an offer by Pit Stop SEQ to You to enter into a binding contract.2(a), this Agreement is taken to be a binding contract between Pit Stop SEQ and You.Unless the context requires otherwise, capitalised terms used in this Agreement which are not defined in these Terms & Conditions, have the meaning set out in the Registration Form. A reference in this Agreement to a clause, is a reference to a clause in these Terms & Conditions.
- Acceptancethis Agreement (and the parties are taken to be bound by this Agreement in accordance with clause 1(b)) if You do any one or more of the following within 30 days after the Date of Registration Form:complete and sign the Registration Form;make payment to Pit Stop SEQ of any part of the Service Fee; oruse the Equipment, Facilities or Services.on the date of acceptance of this Agreement under clause 2(a).Pit Stop SEQ may change or replace these Terms & Conditions at any time by giving You at least 30 days’ written notice (which notice may be given by email, posting the information at [http://www.trulyhealpitstopSEQ.com] and/or making it available at the Premises). You may refuse to accept such change or replacement by giving written notice to Pit Stop SEQ within that 30 day period in which case the change or replacement will not apply to You unless otherwise agreed in writing between you and Pit Stop SEQ. If you do not make such election within the 30 day notice period or if you continue to access or use the Services after that 30 day notice period, then you are taken to have accepted and agree to be bound by the amended or updated terms & conditions.
Subject to You complying with your obligations under this Agreement, Pit Stop SEQ agrees to make the Equipment and Facilities available for use by You at the Premises (Services), subject to these Terms & Conditions.
- Bookings, cancellations and late arrivals(a) You may only use the Services if you have made an appointment with Pit Stop SEQ to use the Services during Business Hours and subject to these Terms & Conditions.Services for a shorter period than Your full appointment time slot but the Service Fee for the full appointment time slot will still be payable.4(b), 50% of the Service Fee applicable to that appointment will be payable by you to Pit Stop SEQ on demand.
- (a) You must pay to Pit Stop SEQ the Service Fee applicable to each appointment booked by You before using the Services for that appointment.
- (b) If any of the Equipment or Facilities are damaged by You (whether directly or indirectly), You will be responsible for the full cost of replacement or repair of the relevant Equipment or Facility (as notified by Pit Stop SEQ to You), which You must pay to Pit Stop SEQ on demand.
- If You fail to pay Pit Stop SEQ an amount when due under this Agreement, then without limiting Pit Stop SEQ’s other rights and remedies, Pit Stop SEQ may charge you interest at a reasonable rate, accruing on a daily basis.
- 6. GSTExcept where expressly stated otherwise, all amounts payable under or in connection with this Agreement are inclusive of any GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (GST Act)). .
- General obligations of CustomerAgreement, You must:use the Services in accordance with any instructions given by Pit Stop SEQ or displayed on or near to the relevant Equipment or Facility, from time to time, in a careful and proper manner and in accordance with applicable law; must immediately notify or request assistance from one of our staff if You experience any pain or discomfort while using any of the Equipment or Facilities;immediately notify Pit Stop SEQ if any of the Equipment or Facilities are damaged; ; ;not bring any valuables onto the Premises; wear suitable clothing and shoes in all public areas of the Premises; andsupervise any children who are under Your care at the Premises. has been established to be helpful to improve cellular energy and improve immune functioning, but may not be accepted by allopathic (mainstream) medicine;the use of that Equipment or Facility by You would cause You injury, harm or otherwise endanger Your health or well-being; (B) You behave in a way that is threatening or harassing to others at the Premises; or (C) You behave in a way that damages or is reasonably likely to damage the Equipment, Facilities or the Premises;Equipment and Facilities remain the property of Pit Stop SEQ at all times and You have no rights to the Equipment or Facilities except to use it in accordance with this Agreement.You represent and warrant to Pit Stop SEQ that:all details provided by You on the Registration Form are true, accurate and not misleading;You have disclosed all serious or relevant health conditions that affect You in the Registration Form;You have been referred to Pit Stop SEQ by a Truly Heal Practitioner or a qualified health practitioner who is familiar with the features and use of the Equipment and is able and willing to supervise your treatment involving the use of the Equipment.
- To the maximum extent permitted by law, Pit Stop SEQ is not liable to You or any other person for any injury, adverse physical reaction, death or any direct or indirect, incidental, special or conSEQuential loss or damage, or loss of property arising out of the use of the Equipment, Facilities and/or Services, irrespective of whether the injury, adverse physical reaction, death, loss or damage is caused by or relates to breach of contract, statute, tort (including negligence) or otherwise, or whether Pit Stop SEQ or any other person was previously notified of the possibility of that loss or damage.Any warranty, guarantee, condition, representation, undertaking or other right that would be implied in this Agreement or is otherwise imposed by statute, common law, equity, trade, custom or usage, is excluded to the maximum extent permitted by law.To the maximum extent permitted by law, the maximum total liability of Pit Stop SEQ for all proven losses, damages or claims arising out of this Agreement, including liability for breach, negligence, in tort or for any other common law or statutory action, is limited to the sum of the amounts paid by You to Pit Stop SEQ under this Agreement.
- 9. Privacy
Pit Stop SEQ may disclose that personal information to any person considered reasonably appropriate by Pit Stop SEQ to achieve any of these purposes.
- 9(a), You agree that Your personal information may be collected and used for any of the purposes set out in that clause.
- means 9am to 5pm on a day that is not a Saturday, Sunday or a public holiday;
- means each of the following:
- means 9am to 5pm on a day that is not a Saturday, Sunday or a public holiday;
(i) PEMF (pulsed electromagnetic field) device (to energise cells);
(ii) Infrared sauna (for wellbeing and deep tissue detoxification);
(iii) Rife therapy (using radiofrequency and micro-currents) device;
(iv) Oligoscan (that analyses the minerals, trace elements and heavy metals in your body);
(v) THPro device (that assists the brain to go into “theta” brain waves in a short time);
(vi) Intranasal Vielight therapy device (that uses infrared light to irradiate the capillaries in your nostrils); and
(vii) any other health therapy device that may be introduced by Pit Stop SEQ at the Premises from time to time;
- means the items and facilities other than the Equipment made available for your use at the Premises;
- means the premises located at 3 Lorrimore Street, Macgregor, QLD 4109;
- means the fee payable for the use of the Equipment at the Premises as detailed in writing at the Premises or otherwise disclosed by or on behalf of Pit Stop SEQ to You;
- has the meaning set out in clause 3;
- means Happy Cells ACN 608 204 388 trading as “Pit Stop SEQ”;
- means a person who has been trained in relation to the use of the Equipment as part of the business operated by Maxawareness Pty Ltd ACN 119 859 166.
- Headings are used for convenience only and do not affect the interpretation of this Agreement.A reference to either You, the Client or Pit Stop SEQ includes its executors, administrators, successors and permitted assigns.You must not transfer, assign, create an interest in or deal in any other way with any of its rights under this Agreement without the prior written consent of Pit Stop SEQ.Wherever “include” or any form of that word is used, it must be construed as if it were followed by “(without being limited to)”.A failure or delay by Pit Stop SEQ in exercising any right conferred on Pit Stop SEQ under this Agreement does not operate as a waiver of that right.This Agreement is governed by and must be construed in accordance with the laws in force in Queensland. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to this Agreement.This Agreement constitutes the entire agreement between the parties in connection with the provision of the Services by Pit Stop SEQ to You.