Service Agreement

Client Service Agreement

Hi and welcome! Thank you for taking the time to read our Client Service Agreement. My name is Jan Caton trading as Magnolia Apothecary, www.magnoliaapothecary.com.au. ABN 3014526009. I provide naturopathic services from my clinic in Mt Evelyn, Victoria and online as well. I am a degree qualified naturopath who is passionate about helping you optimize your health goals.
My naturopathic services are for people who are interested in improving their health and are motivated to make changes to their diet and lifestyle. I work with you to make small, incremental and sustainable changes that can be achieved at your own pace. But if you are not ready for change or have significant emotional challenges which are affecting your ability to enact change, I am happy to help you identify and accept this is where you are at and recommend another practitioner who can help you work through this.
It’s important to understand that naturopathy is a holistic approach to health. This means there’s no magic pill or potion I can give you to resolve your symptoms overnight. A state of optimal health can take months or even years to create and maintain and it does require some hard work, commitment and willingness to change on your part. I am here to help you achieve this, but your health is your responsibility, so it’s ultimately up to you if you take on board and enact the advice I provide.
If you have any questions or need further information, please contact:
Jan Caton
4 Aqueduct Ave, Mt Evelyn, Vic 3796
jan@magnoliaapothecary.com.au
0416008290

You can find out more about our services here: https://magnoliaapothecary.com.au/
This document sets out the Terms and Conditions you need to be aware of when purchasing my services. Please take a moment to read it carefully as it sets out your important rights and obligations and Magnolia Apothecary cares about making sure we both know where we stand. When you use my services you agree that you are over the age of 18 and willing to be bound by these Terms and Conditions. If you don’t accept this agreement, you should notify me immediately so we can discuss your concerns.
My services are offered in compliance with Australian Consumer Law.

Disclaimer

This disclaimer relates to Naturopathic Consultations provided by Jan Caton trading as Magnolia Apothecary. Naturopathy is a form of complementary health care, which incorporates nutritional and herbal medicine, dietary and lifestyle advice, for assistance with many health conditions.

My Responsibilites

Jan has a Bachelor of Health Science (Naturopathy) from Southern School of Natural Therapies. This is a rigorous, four year science degree which teaches a comprehensive understanding of anatomy, physiology, biochemistry, pathophysiology, pharmacology, herbal and nutritional medicine. Jan is a full member of Australian Natural Therapists Association (ANTA). This membership requires her to complete at least 20 hours of professional development each year to ensure she is updating her skills and remain abreast of the latest scientific research.

Clinical Approach

My clinical approach involves researching each client’s specific case and then making recommendations which are personalised to their unique situation. I check interactions with any existing medications or supplements prior to prescribing them. I only recommend remedies which are accepted by the Therapeutic Goods Association (TGA) as safe and effective. These products have undergone a rigorous testing regime to be deemed safe. I use these products based on a combination of scientific evidence, clinical experience and traditional knowledge.

Problems

My approach to working with you involves creating trust and honesty. I welcome open communication and constructive feedback. Questions you may have about the process and treatment are always welcome.
As a naturopath, I am dedicated to enhancing your whole health and wellbeing. However, there are times when the services you need for healing are outside of my scope of practice. In these cases you will be referred to a suitable practitioner, such as a GP, counsellor, psychologist, massage therapist, physiotherapist or osteopath.

If you are in a high risk situation I may insist on other health professional being involved in your care for safety reasons.

Suitability

My Naturopathic services are available to those wanting to seek change and work towards their health goals. If either of us believe that we are not the right practitioner for you at this time, and we are not a good fit, then we will endeavor to help you find a suitable replacement.

Results

When writing your treatment plan, I will outline an expected timeframe in which you are likely to achieve your treatment goals, however this outcome depends on many factors including your compliance with the recommended treatment. It is also important to understand that everyone is unique and will respond to treatment differently. Therefore it is not possible to make any treatment or timeline guarantees with regards to your clinical outcomes.

Limitation of Liability

You agree to indemnify me (hold me blameless) for any injury or illness that you might suffer or any damage or loss that might occur while we are working together. If you have any doubts at all about any issue that might arise, you agree that you will conduct your own research and make your own fully informed decision about what is best for you.

In no event shall Magnolia Apothecary be liable to you for costs, loss or damage of any kind arising out of or related to this Agreement or the services provided in relation to it. If this clause is unenforceable for any reason, my total cumulative liability for all causes of action of any kind shall not exceed the total amount you have paid me for my services.

Intellectual Property

COPYRIGHT
The treatment plan I provide you, which includes recipes, material and resources is protected by copyright. The content is for personal, non-commercial use only and no portion of these may be copied, replicated or sold in any form without the written consent of Magnolia Apothecary.

Confidentiality

COLLECTION OF CONFIDENTIAL INFORMATION
I may collect your personal information by various means including:
• Through my client intake form
• When you send me a question or enquiry via email
• When you book an appointment with me
• If you send me test results or other relevant information related to your health history
The sensitive information I may ask you to provide for this purpose includes:
• Your birth date, information about your medical history, family history, allergies and intolerances, current medications, supplements and diagnosed health conditions, so we can provide you with a safe and effective naturopathic service.
• Information about the food and fluids you consume, as well as dietary and lifestyle preferences or habits, in order to understand factors influencing your health, and enable realistic and appropriate dietary and lifestyle recommendations as part of your treatment plan.
• Information about your physical wellbeing, such as blood pressure, pulse rate, temperature, weight, height, nail, tongue or iris data, to further inform our naturopathic understanding of your case, your treatment plan and ensure safety.
• We may discuss your emotional wellbeing at the consultation, in which case we may record some of the emotions you’re experiencing, to help track your progress and identify most appropriate treatment options, including any referrals.

Payment Terms

FORMS OF PAYMENT
Magnolia Apothecary accepts payments by EFT, credit card and direct bank deposit.
Direct Deposits can be made to:
National Australia Bank account name:
Magnolia Apothecary
BSB:083-004, Account No. 93-521-0337
Please quote your invoice number or name in the reference field.

SECURITY POLICY
In clinic we use a Square card reader to process payments. You can read their privacy policy at https://squareup.com/au/en/legal/general/privacy . We do not store credit card details with this form of payment.

Online payments are processed using Stripe or Square. There is some data retention stored, please do your own research before purchasing if you are uncomfortable with this. You can read their privacy policy at https://stripe.com/au/privacy. Square privacy link above.

Payment plans are processed using Ezi-debit. There is some data retention stored, please do your own research before purchasing if you are uncomfortable with this. You can read their privacy policy at https://www.ezidebit.com/-/media/ezidebit/files/ezidebit-terms-and-conditions-aus.pdf.

Please contact us if this is a concern for you.

Delivery of Services

DELIVERY
Consultations take place at my Mt Evelyn clinic or online.
Mt Evelyn Clinic
This is located at 4 Aqueduct Avenue, 3796. Consultations are by appointment only. I do not provide a drop in service unless previously arranged. Please arrive a few minutes prior to your appointment time and park in the allocated parking space provided on the right side of the driveway entry.

You may enter the premises by taking the side entrance between the house and the garage (signed). Follow the path until you see the sliding door with our sign. Knock and enter, there is a waiting area that you can take a seat in and I will come and greet you. I may have another client in my clinic space so please stay within the foyer area. Toilets are provided and signed.

It is important you notify me of any animal dander allergies prior to the appointment, as I have pets in the house and it is possible their dander could be present in the clinic space.

ONLINE
Zoom (similar to Skype) is my preferred method of conducting naturopathic consultations online. I will email you a link to access the Zoom meeting shortly after you make the appointment. You may need to download some software in order to access the meeting or just open the link in your browser. I recommend clicking on the link provided a few minutes ahead of the appointment start time. If there are technical difficulties at your end, this is included in your consultation time. If we cannot resolve the technical issues, I will call you on the telephone to make the best use of time. If there are technical difficulties which are at my end, I will endeavour to give you the full length of scheduled consultation time.

INITIAL APPOINTMENT
When you book an appointment you will be sent an initial intake form. This is sent via Simple Clinic and includes self-filling forms for your health information and a three day diet diary. There is also a questionnaire that needs to be downloaded. All forms and documents are requested to be returned three days prior to the appointment to ensure that you get the best possible use of your time.
If I need to reschedule or cancel an appointment I will endeavor let you know 48 hours ahead of the appointment time.

MISSED SESSIONS
If you need to cancel or reschedule your appointment, please give 48 hours’ notice via email or telephone call. If you find yourself unexpectedly unwell on the day of your consult, please contact me as soon as possible to reschedule.

Please note that a cancellation policy applies to last minute cancellations and no shows. No shows are charged 100% of the consultation fee. Last minute cancellations (less than 24 hours’ notice) are charged 50% of the consultation fee, at my discretion. If you don’t show up or cancel your appointment at the last minute more than once, I will request pre-payment for future consultations.

Refund Policy

NATUROPATHIC SERVICES
CHANGE OF MIND

Payment is required via credit card for online bookings, zoom and group programs prior to consultation or group sessions. For face to face consults credit card or cash is required at the end of each consultation. We issue you a Tax Invoice/Receipt after the consultation via email or print. There is no refund for change of mind, but if you are unhappy with the consultation or it has not met your expectations, then please contact us to discuss.

PROGRAMS

Payment up front is required or fortnightly payments (see program terms and conditions), via credit card for online bookings, zoom and group programs prior to consultation or group sessions.

Specific refund terms and conditions for specific programs and groups may apply. See individual program terms and conditions.

Consumer Guarantees

MINOR PROBLEM
Should a minor problem occur, I will endeavour to find a solution and resolve this issue as soon as practical.
Minor problems include:
Problems with dispensed items (herbs/supplements):
• incorrect product sent by third party supplement company
• issue with the product sent by third party company
• damage occurred to product during transit
Technical problems:
• issues with opening/downloading a PDF information sheet or treatment plan
• issues with email communication
Please notify me of the technical issue via email as soon as possible, as I may not be aware of your difficulties. I will aim to resolve the issue within 48 hours
Problems with consultations:
• sickness on the day of a consultation
• late cancellation of appointment (see cancellation policy)
• internet issues or power outage during a Zoom consultation
• road traffic event
• bushfire

MAJOR PROBLEM
Allergic reaction
I choose to use high quality herbs and supplements that have been well researched and tested. If you experience an unexpected allergic reaction to a product we have prescribed, you must notify us straight away. If you are experiencing life threatening symptoms (e.g. anaphylaxis) you must call 000 immediately.
Once I am notified of the reaction, I will contact the relevant supplement company within 24 hours and notify them of your reaction. I will complete documentation including a Blue Card for the Therapeutic Goods Administration. I will need to gather detailed information from you regarding your reaction to report the situation fully. You will need to confirm how, when and with what you took the prescribed product and whether there are other factors not previously disclosed which could have contributed to the reaction.

It is your responsibility to notify us of any allergies, intolerances or reactions you have experienced previously prior to the initial consultation.

Achieving expected results
When writing your treatment plan, we will outline an expected timeframe in which you are likely to achieve your treatment goals, however this outcome depends on many factors including your compliance with the recommended treatment. It is also important to understand that everyone is unique and will respond to treatment differently. Therefore it is not possible to make any treatment or timeline guarantees with regards to your clinical outcomes

Cancellation Policy

A cancellation policy applies to last minute cancellations and no shows. No shows are charged 100% of the consultation fee. Last minute cancellations (less than 24 hours’ notice) are charged 50% of the consultation fee, at my discretion. If you don’t show up or cancel your appointment at the last minute more than once, I will request pre-payment of future consultations.

Program Terms and Conditions

 

  1. Duration of Program
    1. The Complete Detox Program – 10 weeks, starting from initial appointment.
    2. Stress Less Program – 6 weeks starting from initial appointment.
  2. Contracted Services –
    1. The Complete Detox Program is an 10 week program that includes:
      1. 1 x Initial Consultation & 4 Follow-up Consultations
      2. Online training, handouts and meal planners
      3. Herbs and or Supplements (Individualized) to cover 10 weeks
      4. Access to Private Facebook group for training purposes
      5. Voucher from The Conscious Spender.
    2. Stress Less Program
      1. 1 x Initial Consultation, 1 x Extended follow up Consultation, 2 x Standard Consultations.
      2. 4 weeks of herbal therapeutics
      3. Handouts, Guides and Meal Plans.
  3. Expectations –
    1. It is expected that you commit to the time set weeks of work.
    2. Every person is different so results are not guaranteed.
    3. Results will depend on your time, energy, effort and commitment. And as such you understand that this is reasonable.
    4. Pricing and service offering is valid from term of agreement. Magnolia Apothecary is not under any obligation to maintain the same pricing and service offering should the client decide to extend the terms of service or save for a later date.
    5. You acknowledge that any choices, decisions, actions you make between sessions is totally your responsibility.
  4. Disclaimer
    1. We make no guarantees and you accept that results experienced by each client will differ. You accept responsibility for such variance.
  5. Intellectual Property
    1. Magnolia Apothecary owns all intellectual property including all course materials. It is provided for you for educational purposes and should not be used for any commercial use.
  6. Refunds and Cancellations
    1. By agreeing to these terms and conditions you are indicating that you are financially capable of investing in this service agreement and by no way are undertaking economic hardship to participate.
    2. Upfront billing for those wish to pay in full.
    3. Fortnightly billing applies to those on payment plans, please see late fees for agreement terms.
    4. The breakdown of payments is for your convenience only. Even if you decide to leave the program before completion and all digital content and nutritional supplements/herbs have been delivered, then full payment is still required.
    5. Payments include 10% GST for all Australian residents
    6. Failure to pay fortnightly fees will forfeit your place in the program
    7. Refunds do not apply to goods and services already fulfilled as part of this agreement.
    8. Cancellation can be given by either party with 5 days notice and termination must be in writing.
    9. Please note that cancellation will revoke all group and course access.
  7. Late Fees
    1. You are responsible to ensure that all payments are made on time and by the due date. There will be a three day grace period and a second attempt will be made. Magnolia Apothecary reserves the right to withhold services until payment is made.
    2. If your account is beyond 14 days overdue, your access to group and course material will be suspended until payment is received.
    3. If your account is beyond 30 days overdue and services have been delivered. Magnolia Apothecary reserves the right to forward on to collections, at which time the agreement will be terminated and all course access with be revoked

Jurisdiction & Dispute Resolution

JURISDICTION
Magnolia Apothecary is located at Mount Evelyn in Victoria. This agreement is subject to the governing law of Victoria

NEGOTIATION
If you have any issue or complaint arising out of your use of this website or these terms and conditions, you and Magnolia Apothecary agree to make a genuine effort to resolve the dispute through negotiation and discussion.

MEDIATION
If we are unable to resolve a dispute by negotiation and discussion within 14 days, the parties must proceed to mediation with the assistance of an accredited mediator who is independent of the parties. The mediator is to be appointed by agreement of the parties or, failing agreement within twenty-one (21) days of the first notification of the dispute, by a person appointed by the Chair of Resolution Institute, (ACN 008 651 232, Level 2, 13-15 Bridge Street, Sydney NSW 2000; telephone: 02 9251 3366, email: infoaus@resolution.institute) or the Chair’s designated representative. The Resolution Institute Mediation Rules shall apply to the mediation. We agree to share the costs of mediation equally between us.

LITIGATION
It is a condition precedent to the right of either party to commence litigation other than for interlocutory relief that it has first offered to submit the dispute to mediation. Litigation is to be considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and