Knowledge Base
BodyTalk® is an astonishingly simple and effective form of therapy that allows the body’s energy systems to be re-synchronised so they can operate as nature intended. Each system, cell, and atom is in constant communication with each other at all times. Through exposure to the stresses of day-to-day life, however, these lines of communication can become compromised, which then leads to a decline in physical, emotional or mental well-being. Reconnecting these lines of communication enables the body’s mechanisms to function at optimal levels, thus preventing disease and rapidly accelerating the healing process. In this way, BodyTalk stimulates the body’s innate ability to balance and heal itself.
BodyTalk can be used as a standalone system to treat many health problems or can be seamlessly integrated into any health care system to increase its effectiveness. BodyTalk’s major assets are its simplicity, safety and the speed of its results. It is non-invasive and objective in application and works effectively on humans and animals alike. Even if a BodyTalk technique is performed incorrectly, it simply means that there will be no result or change. It will not make things worse.
Content adapted from the International BodyTalk Association website.
BodyTalk doesn’t focus on addressing specific symptoms and conditions: This would be too limiting. Symptoms arise in a person because their system or state of balance is compromised in different areas of life. BodyTalk looks at a person as a whole: body, mind, and spirit, and the focus is to bring that person into a better state of balance. When the body is brought to a better state of balance, it creates the most favourable conditions for the body’s self-healing mechanisms to work optimally. By stimulating the body’s innate ability to heal itself, BodyTalk has addressed a multitude of problems and diseases too numerous to list.
The key is to be able to see the bigger picture of a health problem, and then all of its causative factors become apparent. Any given disease can have a plethora of causative factors, many of which are very different, even for the same disease. The customised treatment within a BodyTalk session allows for all causative factors to be addressed no matter what the health problem has been labelled.
In BodyTalk, there are no set recipes for addressing various symptoms, unlike most other methods of healing. Each person is treated as an individual with a unique history that has created the set of symptoms they are experiencing. In serious conditions such as cerebral palsy, severe autism, and juvenile paralysis, BodyTalk has found that total recoveries are extremely rare. However, BodyTalk also found that most of these cases are not clear-cut in outcomes.
The problem lies in the fact that when people are that compromised, every new symptom and development is blamed on the original disability when this isn’t always the case. The trend is to ignore the new problem and focus on helping the patient adapt to the changes. BodyTalk has found that many of the symptoms associated with conditions can be addressed and this can make a big difference to the quality of life and general functioning.
The outlook of BodyTalk is that it can optimise the health potential of an individual. Many individuals with disabilities and other health challenges are not living to their potential because they are typecast under a specific disability or disease label. The ability to understand the potential of ALL individuals, and to have specific techniques to bring about health optimisation is a major asset of the BodyTalk® System.
Content adapted from the International BodyTalk Association website.
In BodyTalk, the term Innate or Innate Wisdom is used to recognise the body’s inborn intelligence -its localised consciousness- that is continually monitoring every aspect of the body and mind.
It is much deeper than the body’s autonomic functions. It is a level of intelligent awareness that knows where the problems are, how they occurred, in what sequence they occurred, and what causative factors are at the root of them. It also knows how to stimulate the body to heal its problems and as such, deploys the necessary activation processes to begin healing. The Innate Intelligence of the body is always oriented towards healing and is continually striving for balance.
Complications arise when the body and mind endure the repeated stresses of daily life. Once efficiently functioning communication circuits between the body’s cells, atoms, and systems, now begin to unravel under the pressures of life. Consequently, despite all its efforts, Innate cannot activate the body’s natural healing mechanisms satisfactorily: The communication circuits and healing mechanisms within the body are far too compromised to complete, or even commence, the healing sequences effectively.
The BodyTalk Practitioner serves as an intermediary between the client, their body and the body’s Innate Intelligence. The practitioner helps reconnect broken communication circuits within the body and balance the body’s numerous energy networks. Once the body is in a better state of balance, Innate can take over, naturally.
Many people ask this question because they are quite familiar with the work of Reiki Practitioners. No, BodyTalk is not like Reiki. There are many differences. The fundamental difference is that the BodyTalk® System does not use channelled energy through their hands to heal the body. Although, naturally, there is always an energy exchange between all individuals when they are close to each other.
There are many BodyTalk Practitioners who are also Reiki Practitioners, Reiki Masters, and Reiki Grand Masters: This includes BodyTalk founder, Dr John Veltheim. Those with training in Reiki, or any other expertise, can seamlessly integrate that knowledge and techniques into BodyTalk sessions. Likewise, concepts and techniques in BodyTalk can easily incorporate into other systems.
The BodyTalk protocol is ingenious. It allows the body to request any knowledge when needed specifically. It need not be limited to health care: Any subject the body can use for its healing and wellbeing can be drawn upon during BodyTalk sessions. This could be something the practitioner is trained in, knowledge the practitioner holds, or even something another practitioner or expert from another field is able to provide.
There is no massaging in BodyTalk sessions. There are some BodyTalk techniques where the practitioner will glide or move their hands over the exposed parts of the skin, for example, the sides of your neck, which feels like a light massage. For example, it could be a short technique from the Veltheim Method for Lymphatic Drainage (VMLD). It must be stressed that none of these techniques constitutes massage. You will remain fully clothed at all times.
More information on what to expect during regular BodyTalk Sessions and VMLD Sessions is available on several pages of this website.
Lymph Movement
A healthy flow of lymph fluid is essential for the body’s immune function and waste removal. Akin to the sewerage system in a megacity, blocked pipes, overflowing drains, and sluggish flow of sewerage would cause the entire city to fall into disarray, and with that, innumerable diseases for its residents.
Palpating areas of the body with lymph nodes encourages movement and drainage of lymph fluid. The neck, collarbone, armpits, abdomen and the inner thigh near the groin are areas that routinely need attention. Fingertips are used in a light circular motion to stimulate lymph vessels that lie under the skin.
For sensitive areas such as the armpits and inner thigh, the client (or the parent, if the client is a child) will have the option to perform the required technique on themselves using their own hands.
Better Alignment, Better Communication
When improving the energetic alignment of organs, bones, fascia, and muscles, the practitioner will gently press and glide their hands over the area of concern to create the required movement. Most often, the hand movements are so subtle that the client does not feel them.
Typical areas are the head and scalp (for the brain, bones, and fluids), chest (for heart, lungs and breast tissue), and the abdomen (for the diaphragm, stomach, small intestine, colon, bladder, prostate, and uterus). Injuries such as herniated discs along the spine and joints, bones, and muscles of the arms and legs, can also be addressed this way.
For sensitive parts of the body, such as the chest for breast, lungs or heart issues, and the lower abdomen near the pubic crest for matters concerning the bladder, intestines, and the uterus, the practitioner will often opt for non-hands-on BodyTalk techniques that use deep focus instead. No-contact techniques are standard when a part of the body is healing from a wound or surgery and cannot be disturbed.
The International BodyTalk Association (IBA) is a worldwide organisation providing vision, tools, and training for the future of life science. The IBA was formed in Sarasota, Florida, in 2000 to be the official governing organisation for The BodyTalk® System and its related modalities. The IBA is responsible for the direction of BodyTalk and its family of systems; practitioner standards and credentialing; training and scheduling of courses, and generally working to ensure that the public’s best interests are being served with regard to BodyTalk sessions and educational outreach.
Content adapted from the International BodyTalk Association website.
Thank you, Robert Boulton, for providing your expert technical and web development support. Thank you, Nicholas Bovell, for your help to co-edit parts of this website. Thank you, Darius, for modelling for this website. Thank you, Naveen, for helping photograph. Thank you, Esther Veltheim, for your faith, love, support, and enthusiasm during the development of this website.
Finally, and most importantly, thank you, Mother, Father, my family, and Aunty Suzanne for your unbound love, faith, support and encouragement with all aspects BodyTalk and this website. And, four-legged Annabelle for keeping my feet warm under the computer.
This website was designed and developed by Sahan Jayatillake.
BodyTalk Clinic Sessions with Sahan are by appointment only and conducted at his home-based private practice in Dianella, Western Australia, a short 10-minute drive from Perth city. Alternatively, a Distance BodyTalk Session may be suitable if you are not able to attend in person.
Sahan also gives BodyTalk sessions during his travels through Australia. These dates will be made available on this website, Facebook page and via email notices.
Sahan also gives BodyTalk sessions during his travels through Australia. These dates will be made available on this website, Facebook page and via email notices.
Distance BodyTalk Sessions may be suitable for you if you are not able to attend in person at the clinic due to work, illness, disability, living in a remote location, another state or country, or when travelling or away with business. Sessions are sought after by women who are in the final stages of their pregnancy and close to delivery. Distance sessions are also practical for individuals who are at various levels of unconsciousness, including coma.
Working at a distance in energy medicine is very common and familiar to many people. Distance sessions are identical to face-to-face sessions except the client is not present at the clinic, and therefore, there is no physical contact with them. The results are equally good. Sahan uses special techniques developed for the BodyTalk System for his distance work.
Sahan does not conduct distance sessions via video chat or phone. So, you are indeed free to carry on with your day. Upon completion of the session, an audio recording or typed session notes will be sent to you by email or SMS.
All sessions require consent from the person receiving the session. Before booking for someone else, please read the section: Booking for another person.
BodyTalk sessions can be invaluable when you or a loved one is injured or otherwise unable to travel. Outcalls to your home or hospital are available on request. Please note that supplementary travel fees may apply. For outcall sessions, please contact Sahan through the CONTACT page.
All sessions require consent from the person receiving the session. Before booking for someone else, please read the section: Booking for another person.
Consent required
In wholeheartedness to help, many people book BodyTalk sessions for loved ones without their permission. BodyTalk Practitioners do not conduct sessions on people who are unaware of them being performed. The only exception is when there is a one-time emergency, and the person to be worked upon is unconscious or in some other way, unable to provide verbal consent. For all BodyTalk sessions booked by a third party, Sahan will request verbal permission from the client at the time of the session.
BodyTalk sessions aim to bring every individual to a place of balance in their life. This balance is unique and individual to them. Not everyone feels that their life is out of balance or that they need repairing. From their unique perspective, they may be coping, or they may not want to make any drastic changes in their life right now.
Talking someone into receiving any form of therapy may prove to be challenging for you, and unpleasant for them. Instead, allow the person to observe the positive changes in your own life from BodyTalk and other similar therapies. That may be the inspiration they need to make an empowered decision in the future.
Children under 18: Let children know that you would like to book a BodyTalk session for them. Bringing the session to the child’s awareness is a significant part of their healing process and their life journey. It often spurs them to look forward to the session. School-aged children and teenagers under 18, usually prefer to give consent for their sessions, often with a simple “yes.” However, the legal guardian must also give consent.
Adult individuals in care: Informed consent is not always possible if the client is unable to understand what BodyTalk is due to a disability, brain injury or impairment. In exceptional circumstances, on a case-by-case basis, the legal guardian may need to provide consent. Please discuss any concerns with Sahan before booking.
Surrogate sessions
BodyTalk sessions for children can be delightful, not just for the child, but also for the family and the practitioner. Sessions are interactive, fun-filled and playful.
Some children find it challenging to sit still for an entire BodyTalk session. In these instances, Sahan may choose to do all or part of the session as a short-distance surrogate session with the child’s legal guardian serving as the surrogate. Short-distance sessions are made possible by advanced BodyTalk techniques developed for this type of work. The session is performed on the surrogate but with a focus on the child at a short distance. Sessions follow a similar format to a regular BodyTalk session, and the results are equally good.
If the child is unable to attend follow-up sessions due to school or illness, Sahan will perform a long-distance surrogate session. Again, the parent or guardian will serve as the surrogate at the clinic. While the session is underway, the child can carry on with their day as usual.
Helpful Tip
Bring a toy, a book or a handheld electronic device such as a smartphone, tablet, iPad or game to the session to keep the child occupied during short-distance sessions. Occasional use of toys and devices in this way will not interfere with the results of the session. Devices that produce sound must be used with headphones to avoid distractions for you and the practitioner.
Simple rules for parents and guardians to follow
- Honour the presence of the child at the session.
- Do not force the child to attend BodyTalk sessions. Consider inviting them to your BodyTalk sessions to watch a session first-hand.
- Do not force the child to sit still or lie down on the treatment table during the session.
- Do not make remarks about the child as if the child is not in the room. It is essential to maintain a nurturing environment at sessions.
Standards of confidentiality
Teenagers value confidentiality. The natural tendency for parents is to probe into session details after their child’s session, but the child may not want to reveal this information. Parents are encouraged to discuss and assure confidentiality with teenage children before committing them to a session.
Private sessions
Parents must also ask whether the teen prefers to have BodyTalk without the parents present in the room. Sometimes teens feel more comfortable if accompanied by a friend or relative, rather than a parent. Please note that the parent or legal guardian must still give consent for the session.
All information shared by the teen during their private session is strictly confidential unless where disclosure is necessary to safeguard or promote the safety, welfare, and wellbeing of that young person.
For clients who find it challenging to be still and calm for BodyTalk, Sahan may choose to do all or parts of the session as a short-distance surrogate session. The surrogate is often the guardian who escorted the client to the clinic.
Short-distance sessions are made possible by advanced BodyTalk techniques developed for this type of work. BodyTalk techniques are performed directly on the surrogate. Sahan’s focus and attention, however, will be directed to the client. Sessions follow a similar format to a regular BodyTalk session, and the results are equally good.
Please visit the booking page for each session type to see what is required for your session.
Dress comfortably. Loose-fitting clothing will allow you to relax comfortably on the treatment table. Since BodyTalk techniques involve lightly tapping over your chest (sternum) and abdomen, please avoid wearing large necklaces or clothing with stiff zips or large buttons and embellishments that sit over the midline of your chest. These items can rattle or feel uncomfortable when tapped on and interfere with your total relaxation and the focus of your practitioner.
The BodyTalk® System does not prescribe a set number of sessions for an individual. At the end of the session, your body will be consulted and asked when, ideally, the next session should be. It is entirely up to you if and when you would like another session. It’s common for new clients to have 3 sessions over a season, and revisit once every 2 to 3 months, for what they affectionately call “a tune-up.”
Clients who are new to BodyTalk tend to have their initial sessions primarily focused on preparing their bodies to receive more complex sessions in the future. This scenario is especially common if they are incredibly stressed, run-down or experiencing acute pain. It would be far too traumatic for the brain and the body to engage in deep healing when it is distressed and deficient.
The body needs one or two BodyTalk sessions to help reduce stress levels and fortify its systems, energy networks, communication lines, and neural pathways in preparation to tackle more complex health issues at future sessions.
Rates indicated on this website are per session, not per hour. Sessions are scheduled for up to 50 minutes. On average, they take around 45 minutes, depending on your state of health and how quickly your body assimilate the information and process the changes made during the session.
The length of the session is not indicative of the quality or complexity of the session as your body decides exactly what it needs and can handle. In this way, you are sure to receive the care that is most appropriate for you.
All rates and prices on this website are in Australian dollars and include all taxes. There are no discounts available for session rates at this stage.
ONLINE BOOKING SYSTEM: Pre-payment is required at the time of booking to secure your appointment. Pay with a credit or debit card via the secure Square Payment Gateway: AMEX, Visa, MasterCard, Apple Pay and Google Pay.
NOTE: You will be given the option to store your card for future purchases: You are not required to tick this box in order to make a purchase.
PHONE, EMAIL or SMS BOOKINGS: You will receive an invoice via email. Payment must be received at least 24 hours before the scheduled appointment time unless paying in person at the session.
- Pay online with a credit or debit card via the secure Square Payment Gateway for Visa, MasterCard, AMEX, Apple Pay, and Google Pay.
- Pay over the phone with credit or debit Visa, MasterCard or AMEX.
- Bank Transfer (EFT) to Altitude Therapeutics.
Altitude Therapeutics
BSB: 086-006 (National Australia Bank)
ACCOUNT: 302161643
- Pay in person at your session: Cash, EFTPOS, Visa, MasterCard AMEX credit or debit cards, Apple Pay and Google Pay. Only for sessions at the clinic, not for distance sessions.
In fairness to all clients, please provide a minimum of 24-hour notice for cancellations or when rescheduling is required. Without exceptions, late cancellations with less than 24-hour notice will be charged 50% of the full session rate.
- Your session booking is confirmed as scheduled once full payment is received.
- Full payment is required before distance or outcall sessions.
- Payments are accepted through credit, debit, and EFT.
- No refund once a session is given.
- Schedule and prices are subject to change without notice.
- Specials, discounts, and offers cannot be combined.
- This site and its owner, reserve the right to cancel or reschedule a session booking, as well as the right to refuse clients who are aggressive, abusive, non-paying, harassing, late, disrespectful, threatening, offensive or who use inappropriate language.
These Terms and Conditions are subject to change at any time and without notice. Terms of Sale, Terms of Use, and Privacy Policy can be found in the footer of this website.
BODYTALK DOES NOT REPLACE THE NEED FOR EMERGENCY HEALTH CARE. IN THE EVENT OF AN EMERGENCY SEEK THE HELP OF A MEDICAL PROFESSIONAL OR YOUR NEAREST MEDICAL FACILITY.
BodyTalk is not a modality for diagnosing or treating specific elements. However, clinical experience has shown that once the body’s overall systems are balanced through BodyTalk, clients have exhibited significant improvement in many areas of health. The work of the BodyTalk practitioner is intended to complement working with your medical doctor – not replace it.
The BodyTalk practitioner does not diagnose a disease or perform massage, manipulations, adjustments, or needling/injections. The BodyTalk practitioner does not prescribe diets, herbs, supplements or medications, or provide any other service, procedure, or therapy which requires a license to practice, such as chiropractic, osteopathy, physical therapy, podiatry, orthopaedics, psychotherapy, acupuncture, dermatology, cosmetology, or any other profession or branch of medicine and healthcare unless specifically licensed to do so.
Your session is subject to your interpretation. The information provided does not constitute legal, psychological, medical, business or financial advice. Clients receiving the services provided by this site and its owner are responsible for all of their own choices and actions.
Terms of Use
Welcome to: https://www.bodytalkperth.com.au/ (“Website”)
Version 1.0
1 July 2017
This Disclaimer applies to all Users who access or use the Website or make any purchases through or in connection with the Website. This Disclaimer is supplementary to the terms and conditions of sale governing the supply of products and services by the Provider.
1. ACCEPTANCE OF TERMS
1.1 This Disclaimer applies to the following categories of users:
(a) any persons viewing or otherwise accessing the Website;
(b) any persons registering as a purchaser, or purchasing through or in connection with the Website; or
(c) any persons supplying in any other way personal information (including name and email address) to Sahan Jayatillake BodyTalk Practitioner and/or its successors and assigns (being the “Provider”) through or in connection with the Website.
1.2 All such categories of users collectively referred to as “Users”, “you” or “your”.
1.3 By becoming a User, you hereby acknowledge and agree to be bound by this Disclaimer. This version represents the most current version of the Disclaimer.
2. WEBSITE ACCESS AND USE
2.1 The Website is offered, supplied and provided on an “as-is” and “as available” basis, and the Provider assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalised settings.
2.2 The Website may include software embodied therein now or in the future (“Software”) as well as security components that permit digital materials to be protected, and that your access of the Website is subject to Software usage rules set by the Provider and/or its licensors. The Provider makes no warranty that any errors in the Software will be corrected.
2.3 You are responsible for obtaining access to the Website and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees and in addition, you must provide and are responsible for all equipment necessary to access the Website.
2.4 You may not:
(a) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or data transmitted through the Website;
(b) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real-time exchanges;
(c) interfere with or disrupt the Website or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected thereof;
(d) take any action that places an unusually large load on the infrastructure of the Website, or bandwidth connecting to the Website, or take any action that includes the use of any data accumulation, tool, robot or spider to compile, disseminate, extract, process, monitor or copy any web pages;
(e) intentionally or unintentionally violate any applicable local, state, national or international law; and
(f) attempt to override or circumvent any of the usage rules embedded into the Software or those provided herein.
2.5 Any material downloaded or otherwise obtained through the Website is done at your own discretion and risk. You will solely be responsible for any damage to your computer system or loss of data that results from the download of the same.
3. WEBSITE CONTENT
3.1 All information displayed on the Website, including descriptions and prices of products offered for sale or supply by the Provider (“Products”), and any other information and materials communicated to you from time to time, such as, help topics and FAQs (collectively “Content”), are provided for guidance only, and no advice relating to purpose and suitability of Products or any other form of advice is understood to be given to you by the Provider.
3.2 The Provider does not in any way guarantee the accuracy, integrity, completeness or quality of the information contained in any Product description on the Website and no person may rely on such description in the purchase of a Product. You are advised to confirm the accuracy and completeness of the Product description directly with the Provider.
3.3 Under no circumstances will the Provider be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through or in connection with the Website. You are not entitled to rely and/or act upon such Content and/or use them as a basis for any cause of action in law or otherwise;
3.4 The Content may be subject to change without notice and does not take into account your objectives, personal or commercial situation and/or personal or health needs.
3.5 To the fullest extent of the law, the Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranty of merchantability, fitness for a particular purpose or correspondence to particular descriptions in respect of any Content displayed on the Website. No advice or information, whether oral or written, obtained by you from the Provider or through or from the Website shall create any warranty not expressly stated in this Disclaimer.
3.6 You are not required to click on any Products or description of Products displayed on the Website or purchase any Product offered for sale by the Provider.
4. PAYMENT TRANSACTIONS
4.1 Payments made through the Website are made using secure data protection processes. While the Provider shall use its best efforts to protect all personal and financial information given by you to the Provider when placing your order or making an online payment, the Provider is unable to guarantee the security of any such information submitted or provided through or in connection with the Website. Accordingly, you acknowledge and agree that:
(a) any submission or provision of information (including provision of credit card information) is made at your own risk and that the Provider disclaims any and all liability for, or arising in connection with, any interception, ‘hacking’ or other unauthorised access of such information through the Website by any unauthorised third parties; and
(b) you are responsible for ensuring that the transaction, credit card information and all other details you provide in relation to your payments made through the Website are correct. The Provider disclaims any and all liability for, or arising in connection with, any incorrect transactions, errors or otherwise caused by factors outside of its control.
4.2 Subject to the other provisions of this clause herein, if for any reason the Provider is held to be liable to you in relation to the online payment process, the extent of the Provider’s total liability shall be limited to the total amount paid by you to which the online payment process is associated with.
5. PROHIBITION ON REPRODUCTIONS AND COPIES ETC
5.1 You must not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, any or all Content on the Website or create any derivative works thereof without the prior consent of the Provider.
5.2 You must not use any of the Content in connection with any commercial endeavours whether in whole or in part.
5.3 You are entitled to only retrieve and display Content on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) solely for your personal use.
5.4 You must not alter the text, graphics, images, audiovisual or any other materials contained on the Website or embodied in any Content.
5.5 Any unauthorised reproduction, publication, further distribution or public exhibition of the Website or all Content contained therein in whole or in part is strictly prohibited.
5.6 Without express and written prior permission of the Provider, you must not display or use in any manner the Provider’s proprietary trademarks, including the Provider’s name, logo, other names and logos of the Provider as may be created, produced or used from time to time, for any purpose whatsoever.
6. PURCHASER ACCOUNT
6.1 When you place an order to purchase our Products, you may be required to create an account (“Account”). Accordingly, you will be given an account designation upon completing the Order process.
6.2 You are responsible for maintaining the confidentiality of the Account and the password and are fully responsible for all activities that occur under the same.
6.3 You agree to:
(a) immediately notify the Provider of any unauthorised use of your Account or password or any other breach of security; and
(b) ensure that you exit from your Account at the end of each session.
6.4 The Provider cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
7. PURCHASER DATA INPUT
7.1 You are solely and entirely responsible to ensure the accuracy and completeness of all information and data that you submit or otherwise make available to the Provider, including the details entered in by you when you place your order to purchase our Products.
7.2 In submitting information and data, you expressly acknowledge and agree that you shall not submit or otherwise make available through or in connection with the Website:
(a) any information, data or material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, pornographic, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) any information, data or material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(c) any information, data or material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) any information, data or material comprising unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
(e) any information, data or material containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(f) any information, data or material purporting to impersonate any other person or entity, including, but not limited to, any other User, the Provider’s official, employee, consultant, guide, host or any other representative, or falsely state or otherwise misrepresent your affiliation with any person or entity.
7.3 You also expressly acknowledge and agree that:
(a) the Provider shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, change or remove any information, data or material submitted by you or otherwise made available by you through or in connection with the Website;
(b) the Provider may access, preserve, and disclose all information, data or material supplied by you if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce this Disclaimer;
(iii) respond to your requests for customer service; and
(iv) protect the rights, property, or personal safety of the Website, other Users and/or the public.
7.4 You understand that the technical processing and transmission of information, data and material submitted or otherwise made available by you to the Provider may involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to the technical requirements of connecting networks or devices.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
8.1 You expressly acknowledge and agree that:
(a) the Provider may establish general practices and limits concerning the use of the Website, including without limitation the maximum number of days and months that data submitted by you will be retained by the Website, the maximum amount of information that may be submitted by you and the maximum number of times and the maximum duration for which you may access any Content on the Website in a given period of time;
(b) the Provider has no responsibility or liability for the deletion or failure to store any information or communication given by you, or obtained or procured from or through the use of the Website; and
(c) the Provider reserves the right to modify these general practices and limits from time to time.
9. COMMUNICATIONS POLICY
9.1 The Provider will not respond unless required to do so by law to any communications sent to the Provider which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. The Provider reserves the right to take such action as the Provider in its sole discretion deems fit in respect of such material.
9.2 All communications received will be taken to be submitted, where appropriate, for publication, free of charge. If you wish to negotiate a fee for the publication of your exclusive material you should email us at hello@bodytalkperth.com.au and state your name, address and, if applicable, a contact telephone number, in your communications. Your communications should clearly state that the material has been submitted for the purposes of negotiating a fee for the publication of that material. It must not be sent to any other email address or to a User or to any other third party.
9.3 The Provider will not disclose any personal information under any circumstances of any staff, employee, contractor or worker of the Provider and/or the Provider’s associates. Where appropriate the Provider will respond to your communications as soon as reasonably practical but the Provider does not and cannot guarantee a response to you.
9.4 If your communications are made by way of email, they will generally be stored for 12 months after which time they will automatically be deleted. Any emails sent to the incorrect destination will be liable to be deleted immediately.
10. MODIFICATIONS TO THE WEBSITE AND CONTENT
10.1 The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof and the display of any Content or any part thereof through or in connection with the Website with or without notice to you.
10.2 You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website or Content.
11. MODIFICATIONS TO THIS DISCLAIMER
11.1 The Provider reserves the further right to make any amendments to this Disclaimer at any time in its sole and absolute discretion, with or without notice to you. The most current version of this Disclaimer as posted on this page shall supersede all previous versions.
11.2 It is your responsibility to check regularly to determine whether a new version of this Disclaimer has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of this Disclaimer, then you must immediately stop using the Website. Your continued use of the Website and purchase of Products after such modifications or amendments shall constitute an acceptance of your agreement to be bound by this Disclaimer, as amended.
12. OFF-SITE LINKS
12.1 The Website may contain links to other sites or resources, which you may access at your sole discretion. The Provider has no control over these sites and resources and is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
12.2 In addition, the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any goods or services available on or through any such site or resource.
Terms of Sale
1. ACCEPTANCE OF TERMS
1.1 Unless otherwise agreed in writing, the supply of all products offered by Sahan Jayatillake BodyTalk Practitioner and/or its successors and assigns (collectively referred to as “Seller”) to any Purchasers shall be governed by the terms and conditions of sale (TCS) set herein.
1.2 The Purchaser acknowledges and agrees to be bound by this TCS and the Seller will not be bound by any terms and conditions contained in any document issued by the Purchaser.
2. DEFINITIONS AND INTERPRETATION
2.1 In this TCS, the following terms have the following meanings:
(a) “Account” means a Purchaser’s credit account with the Seller in which approval for credit purchases to be made by the Purchaser has been granted by the Seller;
(b) “Account Holder” means a Purchaser who holds an Account;
(c) “Care Instructions” mean the instructions of the Seller for caring and maintaining the Products contained in the Seller’s care instructions leaflet or in any documents or materials supplied, or required to be supplied, by the Purchaser to the Consumer;
(d) “Contract of Sale of Goods” has the meaning given to it under the Sale of Goods Act 1985 (WA) (as amended);
(e) “Credit Account Application Form” means the application form required to be completed by a Purchaser requesting to be an Account Holder;
(f) “Consumer” means an individual who is a consumer within the meaning of section 3 of the Australian Consumer Law (Schedule 2 Competition and Consumer Act 2010 (Cth));
(g) “Delivery Address” means the address specified by the Purchaser as the address to which the Products purchased shall be delivered to and in any event, unless otherwise agreed by the Seller, shall be the address listed in a Quotation or in an Order or Invoice, as appropriate;
(h) “Delivery and Administrative Charges” means the fee charged by the Seller to the Purchaser for the delivery and handling of Products to the Purchaser;
(i) “Delivery Recipient” means the Purchaser or its representative present at the Delivery Address who is 18 years and over;
(j) “Force Majeure Event” means: (i) an act of God, war, war-like condition, embargoes, riots, strike, lock-out and other events beyond the Seller’s reasonable control; and (ii) where such event is not reasonably foreseeable and its effects cannot be overcome without unreasonable expense and/or loss of time to the Seller;
(k) “GST” means GST within the meaning of the GST Act;
(l) “GST Act” means, with respect to supplies made by the Seller in Australia, A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended);
(m) “Insolvent” means with respect to the Purchaser that: (i) it is (or states that it is) insolvent; (ii) it is in receivership, in receivership and management, in liquidation, in provisional liquidation, under administration or wound up or has had a receiver appointed to any part of its property; (iii) it is subject to any arrangement, assignment, moratorium or composition, protected from creditors under any statute, or dissolved (other than to carry out a reconstruction or amalgamation while solvent on terms approved by Seller); (iv) an application or order has been made (and, in the case of an application, it is not stayed, withdrawn or dismissed), resolution passed, proposal put forward, or any other action taken, in each case in connection with the Purchaser, which is preparatory to or could result in any of the circumstances detailed in any of paragraphs (i), (ii) or (iii) above; (v) it is taken to have failed to comply with a statutory demand; (vi) it is otherwise unable to pay its debts when they fall due; (vii) something having a substantially similar effect to any of the circumstances detailed in any of paragraphs (i) to (vi) above happens in connection with the Purchaser under the law of any jurisdiction; or (viii) it is (or states that it is) bankrupt;
(n) “Intellectual Property” means all intellectual property rights in Australia and throughout the world, including: (i) patents, copyrights, rights in circuit layouts, registered designs, trade or service marks, trade, business or company names or logos, indication of source or appellation of origin, and any right to have confidential information kept confidential; (ii) any application or right to apply for registration of, or assert or waive, any of the rights referred to in paragraph (i); and (iii) trade secrets, ideas, concepts, materials, know-how and techniques;
(o) “Invoice” means an invoice issued by the Seller in respect of Products ordered by the Purchaser pursuant to an Order or a part or modified Order, as the case may be;
(p) “Invoiced Amount” means the total amount specified by the Seller which is payable by the Purchaser;
(q) “Manufacturer’s Warranty” means any form of warranty, guarantee, policy or support offered by a manufacturer of a Product to a Purchaser;
(r) “Non-Account Holder” means any Purchaser other than an Account Holder;
(s) “Order” means an order made by the Purchaser, whether orally, in writing or in any other format, for the purchase of any Products from the Seller;
(t) “Personnel” of a Party means the officers, employees or contractors of that Party;
(u) “Price” means the selling price of Products as specified by the Seller, denominated in Australian currency;
(v) “Products” mean any or all products and services offered by the Seller for sale or supply to a Purchaser from time to time;
(w) “Purchaser” means a Consumer or any other persons purchasing a Product from the Seller for any personal or commercial purpose or any other purpose;
(x) “Purchaser Initiated Return” means the return of a Product initiated by a Purchaser for reasons other than those specified in clause 7.2(a)(i) or 7.2(a)(ii), including reasons such as the Product not being of the correct size or the Purchaser not liking the Product;
(y) “Quotation” means a written document issued by the Seller to the Purchaser in respect of information and details of specific Products offered to the Purchaser, including Prices, the amount representing Delivery and Administrative Charges, or any other amount specified in the document;
(z) “Release Form” means the any form or document required to be signed by the Purchaser or any other persons acting or purported to be on the Purchaser’s behalf for the purposes of 6.1(a) and 6.1(b);
(aa) “Clinic” means the Seller’s premises located at 239 Grand Promenade, Dianella, WA, 6059; and
(bb) “Website” means www.bodytalkperth.com.au.
2.2 Unless the context otherwise requires:
(a) headings are for ease of reference only and do not affect the meaning of this TCS;
(b) words importing the singular include the plural and vice versa;
(c) words that are gender neutral or gender specific include each gender;
(d) an expression importing a natural person includes a company, partnership, joint venture, association, corporation, or other body corporate and a government agency;
(e) a reference to a law includes a constitutional provision, treaty, decree, convention, statute, regulation, by-law, judgment, rule of common law or equity, or a rule of an applicable stock exchange and is a reference to that law as amended, consolidated, or replaced;
(f) a reference to a document includes all amendments or supplements, replacements and novations of it and covers electronic documents;
(g) a reference to a party to a document includes that party’s executors, administrators and permitted assigns;
(h) other grammatical forms of defined words have corresponding meanings;
(i) where the day on or by which something must be done is not a Business Day, it must be done by the next Business Day.
3. FORMATION OF CONTRACT OF SALE OF GOODS
3.1 For the purposes of this TCS:
(a) all Quotations (if any) issued by the Seller and all information displayed on the Website or contained in catalogues provided by the Seller, including types, colours and prices of Products represent an invitation to treat; and
(b) all Orders made by the Purchaser, whether or not such Orders were made in response to a Quotation or otherwise, represent an offer to purchase the Products.
3.2 The Seller is not bound by any Quotations, information or Orders and the Purchaser acknowledges and agrees that supply of the Products pursuant to an Order is subject to availability. The Seller reserves the right to accept Orders in whole or in part, vary such Orders and/or suspend or discontinue the supply any of Products in respect of any Order.
3.3 Orders may be placed by the Purchaser in the following manner:
(a) through the Website;
(b) by way of email or fax notice directed to the Seller specifying the Product codes and Product quantity ordered;
(c) by telephone with a representative of the Seller; and(d) by personally attending the Clinic of the Seller by appointment.
3.4 For the purposes of this TCS, an “Order Confirmation” shall be deemed to have occurred on the happening of one of the following, whichever is applicable:
(a) if the Purchaser is a Non-Account Holder, when the Seller accepts, whether orally or in writing or otherwise, an Order or part or modified Order, as the case may be AND full payment of the Invoiced Amount has been made by the Purchaser in accordance with clause 4.2;
(b) if the Purchaser is an Account Holder, when the Seller accepts, whether orally or in writing or otherwise, an Order or part or modified Order.
3.5 A Contract of Sale of Goods based on the terms and conditions of this TCS is formed on Order Confirmation.
4. PRICES AND PAYMENT TERMS
4.1 All Prices specified in a Quotation or pursuant to an Order or otherwise made known to the Purchaser prior to an Order Confirmation are subject to change. Such Prices include GST and other government imposts that may be payable in respect of the supply of Products to the Purchaser.
4.2 If the Purchaser is a Non-Account Holder, the Purchaser must make full payment of the Invoiced Amount immediately upon the Seller’s acceptance of an Order or part or modified Order, as the case may be. If the Purchaser is an Account Holder, the Purchaser must make full payment of the Invoiced Amount within 30 days from the date of issuance of the Invoice. For both Non-Account Holders and Account Holders, a copy of the Invoice shall be included by the Seller as part of the Delivery of Products and unless previously agreed by the Seller, the Purchaser shall not be entitled to the copy prior to such time.
4.3 Payments may be made by way of cash, EFTPOS, credit card, PayPal, bank deposit or any other methods specified by the Seller.
4.4 Without limiting any other rights Seller may have under this TCS or by force of law or equity, if the Purchaser fails to make full payment of the Invoiced Amount by the due date in accordance with clause 4.2, the Seller may:
(a) charge interest at the rate of 10% per annum calculated daily on all overdue monies (excluding interest under this clause) until the same is paid in full;
(b) charge an administrative fee for any administrative costs incurred in respect of the Purchaser’s failure to make full payment hereof;
(c) cancel or suspend or vary any unfulfilled Order Confirmation;(d) cancel or suspend the Purchaser’s Account;
(e) terminate any contracts between the Seller and the Purchaser and demand immediate payment of monies due and owing under such contracts;
(f) cancel any rebate, discount or allowance due or payable by the Seller as at the date of the event; or
(g) institute any recovery process as the Seller in its discretion thinks fit at the Purchaser’s cost and expense.
4.5 The Purchaser shall not be entitled to set off or deduct any amounts due and owing by the Purchaser to the Seller under this TCS, whether or not an existing dispute or claim has been made by the Purchaser against the Seller or for any reason whatsoever.
5. COLLECTION AND DELIVERY
5.1 All Products purchased by the Purchaser may be collected by the Purchaser or by any other persons authorised by the Purchaser from the Clinic at a time and date specified by the Seller to the Purchaser.
5.2 Alternatively, the Purchaser may request for the Products purchased to be delivered by the Seller to the Purchaser. If such request is made, the Seller may, at its sole and exclusive discretion, impose Delivery and Administrative Charges as may be necessary for the delivery of such Products. All Delivery and Administrative Charges shall be included in the applicable Invoice and shall represent part of the Invoiced Amount which must be paid by the Purchaser in accordance with clause 4.2.
5.3 Unless otherwise informed by the Purchaser in writing, delivery shall be made through a service provider nominated by the Seller. If the Purchaser chooses to nominate its own service provider, the Purchaser shall be liable for any additional costs or charges imposed by its nominated service provider, with such additional costs and charges being included in the applicable Invoice and representing part of the Invoiced Amount which must be paid by the Purchaser in accordance with clause 4.2.
5.4 All deliveries shall be made to the Delivery Address and shall not be made to any other addresses unless the Seller provides written notification otherwise prior to the date of delivery. The Seller has the sole and exclusive discretion to decide whether such other addresses may be used for delivery and whether any additional charges should be imposed in respect of the change. Any additional charges imposed must be paid by the Purchaser prior to the delivery of the Products.
5.5 All deliveries are anticipated to be made within two (2) weeks from the date of Order Confirmation. Notwithstanding the aforesaid, time shall NOT be of the essence in respect of delivery and Delivery may not be refused by the Purchaser, whether such deliveries were made in whole or in part. Any dates for delivery specified by the Seller orally or in any written communications made to the Purchaser are only estimates and the Seller shall not be liable for any loss or damage arising from, or incurred in respect of, any Deliveries made after such estimated dates.
5.6 In the event that the Seller anticipates that it is unable to make Delivery of the Products within the two (2) week time period, the Seller may, at its sole and exclusive discretion, notify the Purchaser in writing that the Purchaser may either continue waiting for Delivery of the Products or cancel its Order or part or modified Order, as the case may be, and obtain a refund of amounts paid (if any) in respect of the same.
6. RISK, TITLE AND INSURANCE
6.1 Risk of damage to or loss of the Products shall pass to the Purchaser on each of the following applicable event:
(a) if the Products are collected by the Purchaser under clause 5.1, the time the Purchaser signs the Release Form;
(b) if the Products are collected by any other persons authorised by the Purchaser or appearing to have the authority of the Purchaser to collect the Products, including any third party delivery service providers nominated by the Purchaser, the time such persons sign the Release Form;
(c) if the Products are delivered by the Seller through a delivery service provider nominated by the Seller, the time the Products are delivered to the Purchaser, such time being specified in clause 6.2.
6.2 For the purposes of clause 6.1(c), “delivery” shall be deemed to have occurred when any one of the following applies:
(a) when the Delivery Recipient accepts delivery of the Products by signing on the relevant page of the delivery docket of the delivery service provider and/or on any other documents required as proof of the said Delivery; or
(b) if applicable by reason of clause 6.3, when the Delivery Recipient collects the Products from the Delivery service provider’s premises by signing on the relevant page of the delivery docket and/or on any other documents required as proof of the said collection.
6.3 For the purposes of clause 6.2(b), if the Delivery service provider is unsuccessful in making delivery of the Products to the Purchaser at the first attempt upon arriving at the Delivery Address, the Purchaser must comply with any instructions left by the same for the Delivery of the Products, including any requirements to collect the Products from the Delivery service provider’s premises. The Seller shall not be liable for any loss or damage arising from, or in connection with, the Seller’s failure to comply with the aforesaid instructions or from its failure to accept Delivery of the Product at the Delivery Address.
6.4 Title in the Products shall pass to the Purchaser only on the Purchaser discharging in full its indebtedness to the Provider under this Agreement.
6.5 If the Purchaser is an Account Holder, the Purchaser must insure, at its own cost, the Products against risk of loss and damage and such other risks as are usual or common to insure against in a business of a similar nature to the Purchaser from time of risk is passed to the Purchaser until title is passed accordingly.
7. RETURN POLICY
7.1 The following provisions of this clause are based on the rights and entitlement conferred on the Purchaser under applicable legislation. In the event that any provisions herein contradict such applicable legislation, the latter shall prevail.
7.2 Subject to the other provisions of this clause, the Purchaser may only reject, or return, a Product on the following conditions:
(a) either:
(i) the Product has been damaged, or is defective or unmerchantable;
(ii) the Product is not in accordance with the Order or modified Order; or
(iii) a Purchaser Initiated Return is made by a Purchaser at its sole discretion;
(b) notification of the Purchaser’s intention to return the Product has been made in writing or by way of telephone to the Seller prior to the return;
(c) the Product must be returned by way of registered post or any other traceable method of delivery nominated by the Purchaser;
(d) with respect to:
(i) a damaged, defective or unmerchantable Product or a Product otherwise not in accordance with the Order or modified Order, cost of the registered post shall be borne by the Seller;
(ii) Purchaser Initiated Returns: the Product is to be returned at the Purchaser’s own cost and expense; and either: (aa) the Products are returned together with an appropriate return delivery fee as may be notified by the Seller to the Purchaser; or (ab) prior written authorisation has been granted by an Account Holder for the cost of the return, the restocking fee and return delivery fee to be charged to its Account;
(e) when returned, the Product is in its original packaging, unopened or otherwise “as-new” and in a saleable condition;
(f) the Product is returned on the basis that risk in the Product shall remain with the Purchaser until the Product is received by the Seller, its Personnel or its authorised representative.
7.3 The Seller shall not be required to accept any return Product:
(a) where the Purchaser or its Personnel or agents caused the Product to become damaged, defective or unmerchantable or failed to take steps to prevent the Product from becoming damaged, defective or unmerchantable, through any abnormal use whilst in the possession of the Purchaser, its Personnel or agents; or
(b) where the Product has been customised specifically to the requirements of the Purchaser, and the Product was made in accordance with the Purchaser’s Order or modified Order, as the case may be.
7.4 To the extent permitted by law, the Seller’s liability arising in respect of a return made pursuant to this clause shall be limited to:
(a) the replacement or supply of Products of equivalent value;
(b) the repair of the Products; or
(c) the refund of the Price paid for the Products if, at the Seller’s sole and exclusive opinion, it is unable to resolve the defect by repair or replacement.
8. MANUFACTURER’S WARRANTY
8.1 Certain Products sold or supplied by the Seller may be covered by a Manufacturer’s Warranty which represents additional guarantees to the compulsory obligations imposed on manufacturers and sellers under applicable consumer protection legislation. Under such consumer protection legislation:
“You [the Consumer] are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You [the Consumer] are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
8.2 All claims by Purchasers pursuant to a Manufacturer’s Warranty should be made in accordance with the instructions and/or details contained in the Manufacturer’s Warranty card supplied together with the Product.
8.3 The Seller is not liable for any claims or inability to claim against a Manufacturer’s Warranty save for any obligations imposed on the Seller under applicable consumer protection legislation.
9. EXCLUSION AND LIMITATION OF LIABILITY
9.1 SAVE FOR THE MANUFACTURER’S WARRANTY AND FOR ANY OTHER OBLIGATIONS WHICH CANNOT BE EXCLUDED BY LAW, THE SELLER EXCLUDES TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER CONDITIONS, WARRANTIES, REPRESENTATIONS, LIABILITIES AND OBLIGATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY CONDITIONS OR WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE OR CORRESPONDENCE WITH DESCRIPTION, INCLUDING ANY REPRESENTATIONS AS TO THE PERFORMANCE OF THE PRODUCTS AND THE RESULTS OF ANY LABORATORY TESTS CONDUCTED ON THE PRODUCTS.
9.2 TO THE EXTENT PERMITTED BY LAW, THE SELLER SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR THE PURCHASER’S INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE THAT MAY ARISE IN RESPECT OF THIS TCS OR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS, AND ITS LIABILITY UNDER THIS TCS IS LIMITED TO REPLACING, REPAIRING OR RESUPPLYING THE PRODUCTS OR REFUNDING THE PRICE PAID FOR THE PRODUCTS.
9.3 THE PURCHASER INDEMNIFIES THE SELLER AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, LOSS, EXPENSES, COSTS AND DAMAGES INCURRED BY OR MADE AGAINST THE SELLER ARISING OUT OF ANY BREACH OF OBLIGATIONS BY THE PURCHASER UNDER THIS TCS.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 All Intellectual Property rights, including names, logos, trademarks, designs, drawings, techniques and concepts, embodied in, or present in relation to the Products are the proprietary rights of, and are, and shall remain, owned or controlled by, Seller or its licensors.
10.2 The Purchaser agrees and acknowledges that it will receive no right, title or interest whatsoever in respect of the Intellectual Property rights under this TCS.
10.3 The Purchaser further agrees that it shall not use, reproduce or incorporate, or allow the use, reproduction or incorporation by any third party of any such Intellectual Property rights in any statement, presentation, document, signage, or sales advertising or promotional material unless such use, reproduction or incorporation:
(a) has first been authorised in writing by Seller; or (b) is required by law.
11. TERMINATION
11.1 The Seller may, in its sole and exclusive discretion, terminate this TCS at any time if:
(a) the Purchaser: (i) materially breaches its obligations under this TCS; (ii) ceases, or threatens to cease to conduct business in the normal manner; or (iii) becomes Insolvent; or(b) a Force Majeure Event occurs to the Seller.
11.2 Upon termination, the Seller shall be entitled to all remedies available to it in this TCS or in law or equity or otherwise.
12. ASSIGNMENT AND SUBCONTRACTING
12.1 The Seller may assign or subcontract its rights and obligations contained in any part of this TCS to any associated entities, related parties or any third parties at any time without the prior written consent of the Purchaser.
13. NOTICES
13.1 A Party notifying or giving notice under this TCS must give notice:
(a) in writing; (b) if addressed to the Seller, to the postal address, fax number or email address listed on the Website at hello@bodytalkperth.com.au or any other address as notified in writing by the Seller to the Purchaser from time to time; and (c) if addressed to the Purchaser, to the postal address, fax number or email address specified on a Quotation, an Order or Invoice, as appropriate, or any other address as notified in writing by the Purchaser to the Seller from time to time.
13.2 A notice given in accordance with this clause is received:
(a) If left at the recipient’s address, on the date of delivery; (b) if sent by prepaid post, three (3) days after the date of posting; (c) if sent by fax, when the sender’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice; and (d) if sent by email, when the sender does not receive any failed delivery email notification from either its, or the recipient’s, mail server within two (2) days after the date of the email.
14. GOVERNING LAW
14.1 This TCS is governed by the laws applicable in the state of Western Australia and each party submits to the exclusive jurisdiction of the courts of that State.
15. ENTIRE AGREEMENT AND AMENDMENTS
15.1 This TCS:
(a) constitutes the entire agreement between the parties as to its subject matter; (b) in relation to that subject matter, supersedes any prior understanding or agreement between the parties and any prior condition, warranty, indemnity or representation imposed, given or made by a party.
15.2 This TCS may be amended at any time by the Seller without prior notification to the Purchaser. The most current version of the Terms as posted on this page shall supersede all previous versions.
16. READING DOWN
16.1 If part or all of any clause of this TCS is illegal, invalid or unenforceable:
(a) it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible; and(b) it will be severed from this TCS and the remaining provisions of this TCS will continue to have full force and effect, and the parties will attempt to replace that severed part with a legally acceptable alternative clause that meets the parties’ original intention in relation to the subject matter severed.
Privacy Policy
Version 1.0
1 July 2017
The provisions set out in this Privacy Policy prescribe the policies of Sahan Jayatillake BodyTalk Practitioner and/or its successors and assigns (being the “Provider”) regarding the use, processing and dissemination of personal information submitted by individuals to the Provider, whether through or in connection with the Website, or through any other forms of communications with the Provider.
This Privacy Policy applies to all individuals who access or use the Website and to any communications made between an individual and the Provider through any means including by way of electronic mail or any other forms of public or private communications.
1. ACCEPTANCE OF POLICY
1.1 The Provider has created this Privacy Policy in order to demonstrate its firm commitment to your privacy. The following discloses the Provider’s information gathering and dissemination practices in respect of personal information.
1.2 By supplying the Provider with your personal information in any way, you agree to be bound by this Privacy Policy.
1.3 The Website may include third party content comprising links which will transfer you to the website of a third party, including websites of merchants and advertisers whose respective deals and advertisements are displayed on the Website. You are not required to click on the links, but if you do, you do so at your own risk. The Provider is not responsible in any way for the privacy practices of such third parties and you are advised to view and read the privacy statements issued by them to ensure that you understand and agree to the same.
2. COLLECTION OF DATA
2.1 We will not collect any information from you which may, or may lead to, the disclosure of your identity as an individual (“Personal Information”) unless you choose to provide us with such information when you communicate with us in any way, including when you submit your Personal Information to us:
(a) to purchase any products or services;
(b) to request for further information in relation to any courses conducted or services supplied by the Provider;
(c) to enrol in any courses or services conducted by the Provider;
(d) to contact us by way of email, telephone call, fax message, letter or through any other means of communication for any reason.
3. USE OF DATA
3.1 Any Personal Information submitted to us shall be used primarily for the purposes to which they were submitted or required and for administrative purposes.
3.2 We may also use your Personal Information for the following additional purposes:
(a) to understand what your needs and requirements are;
(b) to provide personalised content and match the most relevant services for you;
(c) to contact you in response to any requests made by you;
(d) to offer you any promotions or special rates; and
(e) to profile your information preferences, for example, understanding how you use the Website, reviewing the nature of your communication and/or reviewing your search contents, any products you purchase or courses you request information for or Website pages you access.
4. DISSEMINATION OF DATA
4.1 Be assured that we will never sell your Personal Information to any third parties for commercial gain.
4.2 We may however disclose your Personal Information to our consultants, advisors, service providers and agents (“Authorised Representatives”) to assist us to achieve the purposes described in clauses 3.1 and 3.2.
4.3 Additionally, we may be required to disclose your Personal Information in the following circumstances:
(a) to comply with a legal process;
(b) to enforce our Terms and Conditions of Sale, the Disclaimer, this Privacy Policy and/or any other agreements executed with you or any related entity; and
(c) to protect the rights, property or personal safety of other persons and/or the public, or to protect our business operations.
4.4 Accordingly, your Personal Information will be disclosed where we are obliged or permitted by law to do so. If you post or send offensive or objectionable content to us or otherwise engage in any disruptive behaviour towards us, we can use whatever information that is available to us about you to stop such behaviour. This may involve informing relevant third parties such as your employer and law enforcement agencies about the content and your behaviour.
5. CONSENT
5.1 By submitting or providing your Personal Information to us, you expressly acknowledge, consent and agree to:
(a) our use or processing of your Personal Information for the purposes described in clauses 3.1 and 3.2;
(b) the disclosure to, or use or processing by, Authorised Representatives for the purposes described in clause 4.2; and
(c) the lawful disclosure of your Personal Information pursuant to clause 4.3.
5.2 We follow strict security procedures to ensure that your Personal Information is protected and kept in a secure place with restricted physical or electronic access, and with confidentially preserved. Only the senior management team of the Provider is permitted access to the Personal Information.
5.3 Notwithstanding the aforesaid, you expressly acknowledge and agree that the transmission of information is not completely secure. We will do our best to protect your Personal Information but we are unable to guarantee the security of the same, and accordingly, any submission or provision of Personal Information is made at your own risk.
6. RETAINING DATA
6.1 We may be required to retain your Personal Information and all other information submitted to us in order to comply with legal obligations, prevent fraud, collect fees owed (if any), resolve disputes and troubleshoot problems. Such retention is always done within a legal framework.
7. INFORMATION REQUESTS
7.1 You have a right to ask for a copy of your Personal Information and are obliged to correct any inaccuracies in your Personal Information.
7.2 Unless the Personal Information relates to an individual which you are legally responsible for (such as a person with mental incapacity), you may not give us Personal Information about any other person. If you do so, you confirm that they have appointed you to act for them and to consent to the processing of their Personal Information, including sensitive personal data.
8. ANALYTICS
8.1 If you access and use our Website, such use and access may be tracked by us through analytics software, including cookies, supplied by third parties for the following purposes:
(a) to review the frequency of your usage of the Website to allow us to tailor and improve on the features and functionality of the Website; and
(b) to compile anonymous statistics patterns of use and access. A third party may collect such data on our behalf to measure the performance and success of the Website. Information collected is aggregated for reporting purposes, and no personally identifiable information is collected by this service. The use of this service assists us in measuring and improving the structure and ease of use of the Website.
8.2 Analytics software may also track IP addresses. An IP Address is a number that can identify an Internet Service Provider, country location and so on. It cannot provide personal information of a user although to a certain extent, with appropriate software, the user of the IP Address may be de-anonymised. Notwithstanding the aforesaid, we will not use the IP Address to build a profile on users and will only use such information for demographic and statistical purposes.
8.3 It is possible that others may download analytics software to your computer or electronic device when you access, visit or use the Website. We cannot control nor do we have access to any analytics software placed on your computer by such other persons.
9. MODIFICATION OF PRIVACY POLICY
9.1 This Privacy Policy may be modified from time to time as a result of any changes in the law or best practice without notice to you. The most current version of this Privacy Policy as posted on this page shall supersede all previous versions.
9.2 It is your responsibility to check regularly to determine whether a new version of the Privacy Policy has been uploaded.
10. QUESTIONS
10.1 If you have any questions about this Privacy Policy, the privacy practice of the Provider, or your dealings with the Provider in respect of Personal Information, you can email hello@bodytalkperth.com.au.