KT Health & Wellness

General

This website (the “Site”) is owned and operated by Luke Madden Pty Ltd as Trustee for the Madden Family Trust trading as KT Health & Wellness (“we,” “us,” “our,” or “KT Health & Wellness”).

By accessing or using this Site, you agree to be bound by these Terms of Service, our Privacy Policy, and any additional terms that apply to specific services, products, or areas of the Site.

If you do not agree to these Terms, you must not use this Site.

We reserve the right to amend these Terms at any time. Updated Terms will be published on this Site and will take effect immediately. Continued use of the Site constitutes acceptance of the revised Terms.

Intellectual Property

Our Rights

All content on this Site, including but not limited to text, images, videos, graphics, branding, trademarks, logos, course materials, and software, is owned by or licensed to KT Health & Wellness and is protected under Australian copyright, trademark, and intellectual property laws.

Limited Licence to You

You are granted a limited, non-exclusive, non-transferable licence to access and use this Site for your personal, non-commercial use only.

You must not, without our prior written consent:

• Copy, reproduce, modify, distribute, publish, sell, license, or exploit any material
• Create derivative works
• Use our content for commercial purposes
• Remove copyright or proprietary notices

You may download or print one copy of individual pages for personal use only.

User Content – Your Licence to Us

By submitting any content to us (including comments, reviews, images, videos, emails, messages, or social media content), you confirm that:

• You own the content or have permission to submit it
• You have the right to grant this licence

You grant KT Health & Wellness a royalty-free, perpetual, worldwide, non-exclusive licence to use, reproduce, modify, publish, distribute, and display that content in any format for business, marketing, or operational purposes.

We are not obligated to use, publish, or retain any submitted content and may remove it at our discretion.

Linking and Framing

You may link to this Site provided the link does not imply endorsement or sponsorship.

You must not frame, embed, or inline link any part of this Site or its content without our written permission.

Disclaimers

This Site may include links to third-party websites. We do not control or endorse those websites and are not responsible for their content, products, services, or policies.

All information on this Site is provided for general informational purposes only.

To the maximum extent permitted by law:

• We make no warranties regarding accuracy, reliability, completeness, or suitability of the Site or its content
• The Site is provided “as is” and “as available”
• We do not guarantee uninterrupted or error-free operation

Nothing in these Terms excludes, restricts, or modifies any rights you have under the Australian Consumer Law (ACL).

Health and Professional Disclaimer

KT Health & Wellness provides health, wellness, fitness, and educational services. However:

• Content on this Site does not constitute medical, health, or professional advice
• You should consult a qualified healthcare professional before starting any exercise, rehabilitation, or wellness program
• Participation in any program is at your own risk

Indemnity

You agree to indemnify and hold harmless KT Health & Wellness, its directors, employees, contractors, and affiliates from any claims, losses, damages, liabilities, or legal costs arising from:

• Your breach of these Terms
• Your misuse of the Site
• Your violation of any law or third-party rights

Online Purchases and Payments

When purchasing a product, course, or service through this Site:

• You agree to provide accurate and complete payment information
• You authorise us to charge the full amount payable
• All purchases are for personal use only and may not be shared

If a payment fails, access to digital products or courses may be suspended until the issue is resolved.

Third-party payment processors and service providers may have their own terms and privacy policies, which you agree to be bound by.

Refund Policy

Course Purchases

All course purchases are covered by a 30-day refund period from the date of purchase. If you are not satisfied within this timeframe, please contact our team to discuss a refund request.

Supplements & Health Products

Supplements and health products may be eligible for a refund within 30 days of purchase where:

• A product fault or defect is identified
• A manufacturer recall occurs
• An adverse reaction is experienced
• There is a confirmed product quality issue

Proof of purchase and product details may be required.

Treatment / Pilates Products Provided as Part of Care

Products supplied in conjunction with your treatment plan (e.g., supports, rehab aids, Pilates-related items) may be refunded within 30 days of purchase where:

• Faults or defects are present
• Product issues arise
• Items are unsuitable due to treatment-related considerations

This excludes normal wear and tear, misuse, or damage after purchase.

Clinical Health Services (Osteopathy, Chiropractic, Remedial Massage)

We do not provide refunds for completed clinical services. These services are:

• Individualised and subjective
• Dependent on each person’s unique response to care
• Not predictable before, during, or after treatment

Our practitioners always aim to provide the highest standard of care, but outcomes cannot be guaranteed.

Pilates Memberships & Class Packs

Memberships:

• A minimum 7 days’ notice is required for holds, pauses, or cancellations.
• Requests must be submitted prior to the next billing cycle.

Class Packs:

• All packs have an expiry date specific to the pack purchased.
• Expiry details are provided at signup and confirmed via email.
• Unused sessions beyond expiry cannot be extended unless required by law or exceptional circumstances approved by management.

Nothing in this section limits your rights under the Australian Consumer Law, including your rights to a refund or remedy for faulty or misrepresented services.

Interactive Features and Community Standards

If this Site provides forums, chat features, or community areas, you agree not to:

• Post unlawful, abusive, misleading, defamatory, or inappropriate content
• Infringe intellectual property or privacy rights
• Upload harmful software or spam
• Use the platform for unauthorised commercial purposes

We reserve the right to remove content or restrict access at any time.

We may also remove users from any online community or program if their behaviour negatively impacts others or the integrity of the platform.

Registration and Accounts

You agree to:

• Provide accurate and current information when registering
• Keep your login details secure
• Notify us immediately of unauthorised account use
• You are responsible for all activity under your account.

Limitation of Liability

To the maximum extent permitted by law, KT Health & Wellness will not be liable for any indirect, incidental, special, or consequential loss arising from:

• Use of this Site
• Participation in programs or services
• Reliance on Site content
• Third-party products or services

Where liability cannot be excluded under Australian law, our liability is limited to resupplying the service or refunding the cost paid, at our discretion.

Termination

We may suspend or terminate your access to this Site or any service at any time without notice if you breach these Terms.

All intellectual property restrictions and liability limitations survive termination.

Privacy

Personal information is handled in accordance with our Privacy Policy and the Privacy Act 1988 (Cth) and Australian Privacy Principles.

Governing Law

These Terms are governed by the laws of New South Wales, Australia.

You agree that any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.

Severability

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions remain valid and enforceable.

Contact

For questions about these Terms, please contact:
[email protected]
KT Health & Wellness
Menai, NSW, Australia