Spa Terms & Conditions

The following terms and conditions apply to all spa treatment bookings, spa product purchases, current and future spa transactions with Everybodhi Torquay PTY Ltd, trading as Breathe Spa and OnTrack Wellbeing PTY Ltd (collectively known as “The Company”).

These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia. No provision is intended to exclude, restrict or modify rights which the Customer has under the ACL or any other law which cannot, by law, be excluded, restricted or modified.

If any provision of these Terms and Conditions is held illegal or unenforceable, then such illegality or unenforceability shall not affect the remaining provisions which shall remain in full force and effect

Treatment prices are inclusive of GST and all other taxes, duties or government charges unless otherwise stated.

Any variation from the original Treatment Booking will be determined in accordance as published on this website.

A treatment deposit is required to secure a treatment booking with the balance is due prior to the supply of treatment with time being of the essence. Some special offers may require full pre-payment at the time of booking and those terms will be specified in the offer.

Guests are advised to arrive 10 minutes before the treatments commence. If clients are late for their appointment the time will be deducted from the length of the scheduled treatment. Late arrival may result in reduced treatment time.

Customers providing 48 hours or more notice will receive a refund of any deposit or other monies paid.

If the customer cancels within 48 hours of the treatment commencing the Company may retain all monies paid.

The Company reserves the right to cancel the treatment without penalty or liability. In this case the customer will receive a full refund.

The customer agrees to,

  • behave responsibly;
  • be polite and courteous to the Company’s employees, representatives, agents and other customers;
  • not use mobile phones at all within the Company’s premises;
  • act in accordance with the law at all times;
  • be quiet and keep noise to a minimum.

If the customer fails to abide by the rules stated above the Company reserves the right to refuse treatment and ask the customer to leave the premises. In this event the customer will receive a full refund minus the deposit paid and any other associated costs directly related to the customer’s actions.

Retail products are exclusive of delivery costs but inclusive of GST, taxes, duties or government charges unless otherwise stated.

The customer must pay for any product or retail purchases at the time the order is placed.

The Company accepts no loss, risk or liability in relation to the product or retail purchases once the items have left the Company’s premises.

Gift vouchers are valid for 12 months from the date of purchase.

Where a specific gift voucher package is purchased and the treatment type or package is no longer available at the time of redemption the gift voucher value will be based on the original cost of the package and the amount can be used against the treatment list at the time of redemption.

Gift vouchers are non refundable, not transferable and can not be redeemed for cash.

The Company accepts no responsibility or liability for lost or stolen Gift Voucher for any reason.

Limitation of Liability

To the extent permitted by law, the Customer acknowledges and agrees that the Company will not be liable to the Customer for;

  • damage or loss to any property brought onto the Premises by the Customer;
  • illness or injury suffered as a result of the services provided, the treatmen, including death, which is a direct result of the Customer’s failure to:
    • accurately provide the information requested in the pre-treatment questionnaire; or
    • inform the Company of any medical conditions the Customer is suffering from or other issues which may affect the Customer’s experience; or
    • consult a doctor prior to treatment if the Customer has, or has had, any conditions set out in the Company’s pre-treatment questionnaire except to the extent that such loss, damage, injury or illness was contributed to by the negligent or wrongful act of the Company.

The Company accepts no responsibility or liability for any of skin reaction, particular ailment, allergy or sensitivity they may have as a result of any treatment or product purchase unless otherwise required by law.

The Company does not and can not give any advice, guarantee, warranty  or undertaking in relation to the suitability of the treatments provided or the products sold for that particular Customer.

The Company is not responsible or liable for any loss, damage, injury or illness suffered as a result of any products purchased.

The Customer agrees to indemnify the Company on a full indemnity basis for all direct and consequential loss and damage and liabilities (whether monetary or capable of being converted into money) suffered by the Company as a result of, or caused by, or contributed to by any act, omission or default of the Customer under these Terms of Trade.

The Company warrants that the treatments and the products provided comply with any guarantees that apply compulsorily by under the ACL.

To the extent permitted by law, all other guarantees, warranties, undertakings and representations expressed or implied, whether arising by statute or otherwise, which are not given in these Terms of Trade or any warranty document given at the time of supply are expressly excluded.

If the Customer is a Consumer and the treatment or products supplied are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the Customer agrees that the Company’s liability for a failure to comply with a consumer guarantee under the ACL in relation to that supply is limited, at the option of the Company, to one or more of the following:

  • supplying the treatment or product again; or
  • the payment of the cost of having the treatment or product supplied again.

If the Customer is not a Consumer, to the extent permitted by law, the Company will not be liable in any circumstances for any loss or damage (including indirect or consequential loss) to any property or person resulting from the provision or delay in provision of the treatment or the products.

Neither party will be liable for delay or failure to perform an obligation in this Agreement due to circumstances beyond their reasonable control.

Nothing in this clause will excuse payment of any money due or which becomes due under this Agreement.

The Company is an organisation bound by the Australian Privacy Principles under the Privacy Act 1988 (Cth) (Privacy Act).  A copy of the Australian Privacy Principles are available from the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.

The Company’s Privacy Policy, as amended from time to time, is available on this Website.