Terms and Conditions

This agreement describes the terms and conditions applicable to Ora Well services as a provider of Counselling, Mind Body Therapies, in person or via e-therapy and complimentary products.

Acceptance of terms

These terms and conditions govern all supply of goods and services (“products”) by Ora Well to you, the purchaser of goods and services from us, including your use of the website at www.orawell.nz (“the website”). They are effective from 15/9/2021 and will replace all earlier Ora Well terms of trade and any conditions contained in any document, used by you and purporting to have contractual effect.

These terms and conditions may be modified from time to time. The amended conditions will be effective from the moment they are uploaded on the Internet. It is your responsibility to check for new or modified terms and conditions. We will not notify you when this occurs.

Disclaimer and Liability

Ora Well has made all reasonable efforts to check the accuracy of the information contained on this site. We cannot accept any responsibility for any errors or omissions that may appear.

This website may contain information and links to other sites which are external to our services. We are not responsible for accuracy of information, the quality of services, products, therapy, referrals, privacy practices or terms of use for other sites and organisations.

Online Services

Ora Well’s online services, holds no liability if the connection to the website becomes unavailable. We do not warrant that our website, its functioning or the content made available will be timely, uninterrupted or error-free or that our website and the servers that make our website available have 100 per cent uptime. In no event will we, our respective content or service providers, or any of our respective directors, contractors or employees be liable to you for any direct or indirect damages, losses or causes of action.

Ora Well online services holds no responsibility for a user’s phone, a user’s computer system, tablet, software data or technical difficulty occurring in connection with this website or any services and sessions. Ora Well Online Counselling Service holds no responsibility and holds no liability in regard to any computer viruses or corruption to any individual client’s computer or device.

Materials

Ora Well Service does not make any warranties or representations as to the accuracy or completeness of the materials i.e. E-books, articles or website content. We may periodically make changes, improvements and/or updates to the materials, articles, e-books and site content without notice. Under no circumstances shall we be liable for any loss, damage, liability or expense incurred or suffered which is claimed to have resulted from the use of the website, use of products, materials, website content or any of our services, including without limitation, any fault, error, omission, interruption or delay with respect thereto.

 

Agreement

You agree that you are at least 18 years old.

You agree that you are not experiencing a suicidal crisis and are not at risk of harming yourself or anyone else.

You understand that online and telephone therapy is not suitable for a mental health crisis.

You agree that The Online Counselling Service cannot be held responsible for providing services in the event of a crisis or emergency. While we will do our best to assist as appropriate if a crisis or emergency develops during our work together, you may need to contact the appropriate emergency services.

You agree and understand that the effectiveness of Counselling depends on the investment of time and energy you are willing to make. Generally speaking, the more you invest in it, the more you will get out of it.

You understand and agree that the therapeutic relationship depends largely on your input to your healing process. You agree and understand that Counselling can be challenging, as uncomfortable emotions and thoughts can arise as part of the treatment process.

You understand that we are happy to accept your preferred session times/date at the time of booking but your requested sessions slots are provided subject to availability.

You agree that you are not using any of our services or material to undertake research for private, professional or academic use, including but not limited to use for study, projects, assignments of any kind private or public, or in an educational or training capacity, or for publication of any kind.

You agree that your participation in our counselling services may only be shared for your personal therapeutic benefit. You agree that your participation will not be shared for any other reason or in any form, be it recordings, transcripts, copying or reporting of or on the experience, your impressions thereof, surveillance and any other use of the session, verbal or otherwise. You agree to not record or tape sessions.

Gift Vouchers/Special offers

You understand that all special offers can be withdrawn or modified at any time. You also understand that if you are the holder of a voucher, that it’s your responsibility to ensure that you use your sessions/or claim your gift voucher service, as detailed, before they expire and refunds are not provided for expired sessions/discount bundles.

Website Use

You agree to defend and indemnify Ora Well Services, to hold us and our affiliates harmless as well as indemnifying our respective directors, contractors and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from or related to your use of our website or our services.

Technology

You understand that we do not hold any liability for technological glitches that can take place with online sessions and mobile phone connections. You understand that we do not hold any liability for emails that we’ve sent and due to the recipient’s technological errors or device issues are unable to be received. You understand that we are not responsible for issues with emails.  However, any glitch or mishap on our part will not be at the client’s loss – clients will receive all of the session time which they have paid for.‎

Privacy

Private clients, we are not in the position to write reports on progress made in counselling by way of request from external agencies.

Ora Well reserves the right to resist legal requests to produce records in court. We do this to protect our duty of confidentiality to all clients and to preserve Ora Wells reputation as a provider of confidential counselling. We are unable to provide records or information for legal proceedings when asked by clients, their solicitors, the police and the courts unless a Subpoena ordered by a New Zealand court. The basic information that is held temporarily is not suitable as evidence in legal proceedings.

NZAC Code of Ethics

Helena Te Aika founder and Principal Therapist, is a Member of New Zealand Association of

Counsellors. Her practise is bound by the NZAC Code of Ethics. The Code of Ethics is the

foundation for ethical practice of its members. Please click the link for further information.

https://www.nzac.org.nz/ethics)

Copyright

You permanently agree to release and indemnify Ora Well from all suits, lawsuits, claims and actions originating from therapeutic services

Payment

Full payment is required directly after the session ends or as previously organised. Options of

Payment: Mobile/Bank Transfer | Cash

 

Cancellation policy

Ora Well operates on a 24 hour cancellation policy. It requires 24 hrs notice if you are unable to

keep your appointment. This enables Ora Well to schedule another client into this time slot. If the

appropriate notice is not given a 50% treatment fee is requested. If you do not show, you will be

charged the full fee.

 

Appointments

Please ensure you are on time for your appointment. We do not provide a waiting area in the

Titirangi clinic, however there is a waiting area in the Birkdale Clinic. If your session is for an hour

and you are late, we are not able to extend your appointment time. Some “Body Work” sessions will

not be able to completed, as they require the full time. If your treatment is unable to be completed due to your late arrival, the before mentioned cancellation policy will apply and you will be charged accordingly.

Products:

Availability and supply

All orders are subject to the availability of products. If for any reason a Product is not available, Ora Well will endeavour to notify the non-availability on our online shop.

Delivery and delivery charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary in your online shopping basket.

We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.

Pricing

All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax (“GST”) unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment options

We are only offering online banking and cash sales at this time.


Shipping and delivery

We will endeavour to ship your ordered items within 7 days of receiving your order. Though certain circumstances may put pressure on Couriers being able to work within this time timeframe. We may provide an estimate as to delivery time, but that will be an estimate only.

Returns

If you have purchased online and you’d like to make a return or exchange, please contact info@orawell. Please ensure that you have your order number. Please note, if you wish to receive a refund for items purchased online, we do not cover the cost to return these items to

Products purchased through a special promotion, sales or clearance are final sales, and therefore not eligible for returns or exchange.

If your purchased product is faulty, please contact us immediately at info@orawell.nz for a possible replacement or refund at our discretion within 10 days of purchase.

 

Liability Limitation

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

 

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

 Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

 

Privacy policy and Confidentiality

Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files (“cookies”) on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website on this page.

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: info@orawell.nz
Alternatively, please send us a message using the contact form below. 



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