TERMS & CONDITIONS
Welcome to the Mana Wellness Terms of Service, which is an agreement between you, the User, and us, Mana Wellness, ABN 84568669742, for the use of www.manawellnesshealing.com.
The website (the “Website”) is comprised of content, services and web pages operated by Alexis Sabatino, a Certified Holistic Health Coach, trading as Mana Wellness (“Mana Wellness”). The Website offers nutrition and lifestyle-related general information and counselling services online via blogs, social content, programs, downloads, videos, webinars and online call services, and other such methods of electronic communication available.
The material on this Website is copyright © Mana Wellness, and/or other copyright owners. Mana Wellness offers this Website, including all tools, services, information and resources available on the Website to you, the User, conditioned upon your acceptance of all terms, conditions, policies, notices, and values stated on the Website (together, the “Terms”). Your use of constitutes your agreement to all such Terms. Please read these Terms carefully before accessing or using the Website. Any new content, tools or features which are added to the Website shall also be subject to these Terms. Throughout the Website and these Terms, the terms “we”, “us” and “our” refer to Mana Wellness.
The purpose of nutritional counselling is to improve the overall health, vitality and well-being of the body through nutritional education and the use of natural foods and non-medicinal nutritional supplements. Alexis Sabatino, trading as Mana Wellness, is not a licensed Dietitian, Naturopathic Doctor or Medical Physician, and she does not diagnose diseases, disorders or conditions. All statements, comments, content, services and articles shared on this Website and corresponding social media channels are based on the views of Mana Wellness and in no way are any statements intended to be construed as advice, or medical, financial, scientific, technical or legal advice in any way. Please always consult a medical practitioner directly on any health-related questions.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. A breach or violation of any of the Terms will result in an immediate termination in the provision of the Website to you.
ACKNOWLEDGMENT OF AGE
By agreeing to these Terms, you represent that you are at least the age of majority in your state, country or province of residence, or that you are the age of majority in your state, country or province of residence and you have given us your consent to allow any of your minor dependents to use this Website. We do not provide the Website to, or knowingly collect personal information either online or offline from, persons under the age of thirteen.
Due to the nature of digital products, refunds will not be issued for digital products such as meal plans or cook books, once an order has been placed and product has been downloaded. If you are unable to download the digital product please contact Mana Wellness at , within 14 days for assistance. Downloads are closely monitored to ensure you are able to successfully access purchased digital products. We recommend contacting us if you have any questions before you purchase.
We will do everything within our ability (and within reason) to ensure your satisfaction. However, refunds will not be issued for coaching services already rendered, coaching packages that have expired or products already purchased. If you have any questions regarding refunds or if there is anything we can do to make your experience a positive one, please contact us at
OVERVIEW OF BUSINESS & GENERAL CONDITIONS
By using the Website, you acknowledge that Mana Wellness operates as a nutritional counselling and wellness lifestyle business based in Australia and may from time to time operate as an ecommerce business selling products online, and may also operate affiliate relationships, whereby Mana Wellness may display, discuss, or market products on the Website that it may earn a fee from if you purchase the product in the future. These relationships are governed by agreements which Mana Wellness is a party to.
The Website is operated and controlled by Mana Wellness in Australia and serves a global audience where this Website is able to be lawfully used. If you use the Website from a location outside of Australia, you are responsible for compliance with the laws of your jurisdiction. You may not use the Website for any illegal or unauthorised purpose nor may you, in the use of the Website, violate any laws, regulations or restrictions of your jurisdiction (including but not limited to copyright laws). You are not authorised to be a User of the Website if the jurisdiction in which you are a resident, or the applicable jurisdiction of where you are using the Website, does not give full effect to and recognise all of the provisions of the Terms.
You must not transmit any worms or viruses or any code of a destructive nature. You may not obtain or attempt to obtain any information or materials through any means that have not intentionally been made available or provided to Users through the Website.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your personal information (not including credit card information), may be transferred unencrypted and involve:
(i) transmissions over various networks; and
(ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
All content included as part of the Website, such as programs, services, graphics, logos, images, text, blogs, as well as the bundling of any of these, and any software used on the Website, is the property of Mana Wellness or its suppliers and protected by copyright and other legislation that protects intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices or restrictions contained in any such content and will not make any changes thereto.
You agree not to duplicate, reproduce, copy, sell, re-sell or exploit any portion of the Website, use of the Website or access to the Website, without express written permission by us. You many only use our content for your personal use and agree to make no other use of our content without the express written permission from us. You agree that by using our Website you do not acquire any ownership rights to any content, and we do not grant you any licenses, express or implied, to the intellectual property of Mana Wellness.
We do not claim to own the materials that you provide to our Website or any Mana Wellness social channel, including reviews, ratings, answers, comments, posts, suggestions, uploads, inputs (together, “User-generated Content”). You agree that by providing, posting, commenting, uploading, or inputting your User-generated Content, you warrant that the content is otherwise yours and you grant Mana Wellness permission to use your User-generated Content in connection with the operation of our business, which may include, without limitation, the rights to reproduce, copy, share, translate, edit, reformat, distribute, transmit, publicly perform, and publicly display your User-generated Content at any time, without restriction. As part of this, you agree to us publishing your first name and hometown and/or state and country in connection with our use of your User-generated Content. An example of this is a Testimonial.
We may, but shall be under no obligation to:
(i) maintain any User-generated Content in confidence;
(ii) pay compensation for any User-generated Content; or
(iii) respond to any User-generated Content.
We may remove any User-generated Content from the Website, Mana Wellness social channels and any other online forums relating to Mana Wellness at any time in our sole discretion.
You agree that your User-generated Content will not violate any laws in the jurisdiction where we operate, or any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User-generated Content will not contain libellous or otherwise unlawful, fake, obscene or abusive material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website, or any other Users of our Website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User-generated Content. You are solely responsible for any User-generated Content you make and its accuracy. We take no responsibility and assume no liability for any User-generated Content posted by you or any third party.
TIMELINESS, ACCURACY & GENERAL INFO
We are not responsible if information made available on this Website is not complete, accurate, current or scientifically proven. The material on this Website 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. None of the information on this Website should be construed as advice in any form, and any reliance on the material on this Website is entirely at your own risk.
This Website may contain historical information. Historical information, necessarily, is not current and is provided for your reference only. Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to our services and general information. We reserve the right to correct any inaccuracies, errors or omissions, and to change or update information or cancel services if any information on the Website or on any related website is inaccurate at any time without prior notice.
We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website, and your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
USE OF THIRD PARTY SERVICES AND LINKS
Certain services made available via the Website, as well as the operation of the Website, are delivered by third party organisations. By using the Website and any service, product, content or functionality originating from the domain, you hereby acknowledge and consent that Mana Wellness may share such information and data with any third party with whom Mana Wellness has a contractual relationship with, in order to be able to provide you with the Website and services.
The Website may contain links to other websites (“Links”). The Links are not under the control of Mana Wellness, and we are not responsible for the contents of any Links, including, but without limitation to, any link contained in content found at Links, or any changes or updates to Links. Mana Wellness is providing these Links to you for general information only and does not endorse the content found at the Links, or have any association with the operators of the Links, unless otherwise stated.
Using, browsing or visiting or communicating digitally with Mana Wellness or Alexis Sabatino (trading as Mana Wellness) constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and the Website, satisfy any legal requirement that such communications be in writing.
If you use this Website and become a Mana Wellness Client by entering into a service with Mana Wellness, we may ask you to utilise another website, operated by Green Patch Inc., for managing our relationship with you and for communicating with you during a program. The terms of using operated by Green Patch Inc. are available here: https://practicebetter.io/terms-client/.
You are responsible for the safeguarding of your account and maintaining confidentiality of your password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password on operated by Green Patch Inc..
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.
You expressly agree that your use of, or inability to use, the Website or services provided by Mana Wellness is at your sole risk. We do not warrant that the results that may be obtained from the use of the Website and any Mana Wellness service will be accurate or reliable, or what you may have expected. In consideration of your use of the Website and any Mana Wellness service, you accept all risk to your health, including injury or death that may result from any participation and you release Alexis Sabatino, trading as Mana Wellness, on your behalf and on behalf of your personal representatives, estate, heirs, next of kin, and assigns from any and all costs, claims, causes of action and damages arising from any and all illness or injury to your person, including your death, that may result from or occur as a result of your use of the Website and any Mana Wellness services, whether caused by negligence or otherwise.
The Website and all products and services delivered to you through the Website or in connection with Mana Wellness 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.
In no case shall Alexis Sabatino, trading as Mana Wellness, or our founder, sole trader, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation ill health, 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 any of the Website or any products or services procured using the Website, or for any other claim related in any way to your use of the Website 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 Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states, countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Alexis Sabatino, trading as Mana Wellness, and our founder, sole trader, officers, owner, subsidiaries, affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Mana Wellness reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mana Wellness in asserting any available defenses.
If you do not agree or are dissatisfied with any portion of the Website, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Website.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mana Wellness as a result of this agreement or use of the Website. Mana Wellness’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mana Wellness’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Mana Wellness with respect to such use.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Website or in respect to the services provided by Mana Wellness constitutes the entire agreement and understanding between you and us and governs your use of the Website, 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).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. These Terms and any separate agreements relating to the Website and our services shall be governed by and construed in accordance with the laws of New South Wales, Australia.
For any questions or comments regarding our Terms, please contact Mana Wellness via email at firstname.lastname@example.org
YOUR USE OF & ACCOUNT WITH OUR SERVICE PROVIDER, GREEN PATCH INC.
WARRANTY, LIMITATION OF LIABILITY & INDEMNITY