TERMS OF SERVICE

Thank you for choosing Matt Voyles Myotherapy & Remedial Massage to book a professional myotherapy, remedial, or relaxation massage treatment at our in-home studio or via a mobile service.

These Terms of Service (“Terms”) constitute a legal agreement between you (the client) and Matt Voyles Myotherapy & Remedial Massage, (“Matt Voyles Myotherapy & Remedial Massage”, “We”, “Us”, “Practitioner”, “Therapist” or “Our”). These Terms govern your use of this website (the “Site”) and the services we provide in facilitating bookings for massage therapy treatment (“Services”). By using the Site or Services, you agree to abide by these Terms.

Please read these Terms carefully and thoroughly. If you do not accept these Terms, you must not make a booking for any massage therapy treatments.

ELIGIBLE USE

You confirm that you are of legal age to access and use the Site and/or the Services and of legal capacity to agree to these Terms. You are not eligible to use the Site or Services if you are under the age of 18.

PRICES & PAYMENT

Prices vary according to type and duration of treatment as described on the Site. Full payment is due after booking and receiving a treatment session. Accepted payment methods are as described on the Site.

By making a Booking you agree to provide complete, correct and true information including billing and payment information.

Surcharges: Sunday, Public Holiday or Bookings outside business hours specified on the website or late Bookings finishing past 8:00pm will attract a surcharge of $25 in addition to the standard Booking fee. We may waive our right to surcharge in our sole discretion where you have been unable to attend a Booking during a certain time frame for genuine reasons which were outside of your control. We will not waive our right to surcharge when, for example, it is simply inconvenient for you to Book an appointment during business hours when a surcharge would not normally apply.

CLIENT RESPONSIBILITIES

It is your responsibility to provide accurate information at time of Booking. Failure to provide correct information may result in, without liability to you, a rejection of booking request, cancellation of Booking or an inability of the Booked Practitioner to provide treatment as requested. Such failure may also result in loss or incorrect delivery of email confirmation of your Booking.

Once your Booking is accepted and confirmed, you will receive a confirmation email of your appointment and / or an SMS reminder.

CANCELLATION & REFUNDS POLICY- MELBOURNE HOME STUDIO CLINIC

Cancellation of your Booking with greater than twenty-four hours (24) hours before your appointment start time:

Cancellation of your Booking with less than twenty-four hours (24) hours before your appointment start time:

After making a booking with Matt Voyles Myotherapy & Remedial Massage you may cancel at any time by providing notice verbally (telephone voice message), email, via the website or by direct SMS contact with Us. If this notice is provided with less than twenty-four hours (24) hours before your appointment start time a cancellation fee of $25 will apply. We may waive our right to cancellation fees in our sole discretion where you have been unable to cancel a Booking for genuine reasons which were outside of your control.

You will be charged the full Booking fee if you:

Cancel a Booking other than permitted above
Attempt to cancel a Booking on or after the scheduled appointment time
Fail to attend a Booking at the appointment time and/or at the correct location (i.e. simply forget)
Act inappropriately during a massage therapy appointment or at any time while on the premises of Matt Voyles Myotherapy & Remedial Massage. Inappropriate behaviour includes, but is not limited to, use of sexual remarks or offensive language, unsolicited touch of genital or buttock areas of The Practitioner, use of racist or aggressive language deemed offensive or inappropriate, being under influence of alcohol or non-prescription drugs, refusing to comply with health & safety requests by The Practitioner, refusing to comply with draping requests by The Practitioner, requests for extra sexual services, non-disclosure of relevant health conditions, use of electronic devices to record audio, pictures, video, while on the premises of Matt Voyles Myotherapy & Remedial Massage (except with permission of The Practitioner).

We charge a full booking fee to compensate The Practitioner because The Practitioner will unlikely be able to make another booking where you cancel with short or no notice.

We may waive Our right to cancellation fees at Our discretion where you have been unable to cancel a Booking for genuine reasons which were outside of your control.

EXTENSIONS AND DELAYS

If you wish to extend the time you have booked, the therapist will endeavour to fulfil your request subject to availability. If you are delayed and unable to meet your booked appointment time in excess of 10 minutes, you may be unable to receive your full allotted treatment time since this shall be subject to the therapist’s availability. Please note, you will still be charged the full Booking fee for the session. In case of a delay, you may be charged additionally in accordance with applicable rate for any extra time as a result of your delay.

MOBILE BOOKINGS

By making a mobile Booking, you are responsible for:

Full payment as applicable BEFORE the treatment has commenced;
We may at Our discretion waive the requirement to full payment before the treatment has commenced and accept a non-refundable $50 deposit Booking fee in lieu of full payment
Ensuring We have access to your designated premises and suitable space and facilities in which the treatment can be performed, including adequate lighting and heating or cooling
Ensuring the health and safety of Us whilst at your designated premises; including restraint of dogs, cats or other pets
Ensuring you or other people within the premises that the mobile service takes place are fully COVID vaccinated (2x approved COVID vaccines) unless with a valid medical exemption certificate from an Australian registered medical practitioner

CANCELLATION & REFUNDS - NATIONAL TRAVEL MOBILE BOOKINGS

We respect that your time is valuable, and we appreciate that you understand Our time is valuable as well.

Missed appointments during mobile massage represent a significant cost to Us, and to other patients who could have been seen in the time set aside for you. They interfere with Our massage business and create unnecessary scheduling problems for other patients during schedule appointments and travel dates.

Due to an increasing number of patients failing to show up for appointments, cancelling at short notice, changing their mind and arriving late for appointments, Matt Voyles Myotherapy & Remedial Massage has found it necessary to implement the following policies:

For national travel, or mobile Bookings outside of Melbourne Metro area, appointments are “strictly non-refundable.” The service contract cannot be cancelled or refunded for any reason. This is in order to compensate The Practitioner because The Practitioner will unlikely be able to make another booking where you cancel with short or no notice, change your mind or arrive late to appointments.

CUSTOMER REFUND PROCESSING TIME

Square or HICAPS (Our payment systems) submits refunds to your bank within 2-3 business days. Depending on the bank's processing time, it can take anywhere from 5-10 business days to show up on your bank account. Allow more processing time during public holidays as banks are not operational.

In some cases, the refund might be processed as a reversal, meaning the original payment will disappear from the account statement entirely and the balance will reflect as though the charge never occurred.

If you do not see the refund after ten business days and you are still seeing the original charge on your bank statement, you should reach out to Us or your bank for more information.

GIFT VOUCHERS & PACKAGES

Gift vouchers and packages are valid until the expiry date specified and any other Terms and Conditions as specified during the time of booking or on the website or practice management software Booking portal and cannot be redeemed or replaced after this date.

Gift vouchers and packages must be paid for in full before the first treatment commences
Matt Voyles Myotherapy & Remedial Massage is not responsible for lost / stolen vouchers, and is not responsible for replacing a voucher that has been lost / stolen.
Gift vouchers and packages are non-refundable and cannot be exchanged for cash.
Gift Vouchers and packages are not valid with any other offer and / or special at Matt Voyles Myotherapy & Remedial Massage.
Gift vouchers and packages must be used by one person per visit and are non-transferable
In the instance where a remedial or myotherapy treatment have been purchased as part of a combination package the client will note that health fund rebates apply to myotherapy or remedial treatments only and can only be claimed after all purchased treatments have occurred - the client is responsible to submit their invoice to their health fund manually to claim a rebate as package deals or gift vouchers cannot be processed via HICAPS system.

COVID-19 PANDEMIC & COVID-19 VACCINATION POLICY

Massage therapy can operate for fully vaccinated clients only; or clients who are not fully vaccinated, but hold a valid medical exemption certificate from an Australian registered medical practitioner. The new rules come into effect at 11.59pm on 21 October 2021. Customers must share their proof of vaccination status during QR check-in at Matt Voyles Myotherapy & Remedial Massage.

Matt Voyles Myotherapy & Remedial Massage is a COVID SAFE business. Further information can be found HERE.

Matt Voyles Myotherapy & Remedial Massage welcomes clients who have been fully vaccinated against COVID-19. To be fully vaccinated, you need to have 2 or more doses of an approved vaccine.

Cancellations & Refunds due to Government lockdowns or temporary closure due to COVID-19 exposure:

Cancellations due to Government lockdowns or temporary closure due to COVID-19 exposure are “strictly non-refundable.” Appointments will be rescheduled without penalty to you.
In the current, fast moving climate, your appointment may need to be rescheduled with short notice. If this happens, a new time will be found in line with any government guidance. Appointments will be rescheduled without penalty to you.

PROHIBITED USE

You must not use the Site or the Services provided in massage therapy session to do any of the following which is strictly prohibited:

Engage in any inappropriate behaviour during a massage therapy appointment: inappropriate behaviour includes, but is not limited to, use of sexual remarks or language deemed offensive, unsolicited touch of genital areas of The Practitioner, use of racist or aggressive language deemed offensive or inappropriate, being under influence of alcohol or non-prescription drugs, refusing to comply with health & safety requests by The Practitioner, refusing to comply with draping requests by The Practitioner, requests for extra sexual services, non-disclosure of relevant health conditions, use of electronic devices to record audio, pictures, video, while on the premises of Matt Voyles Myotherapy & Remedial Massage (except with permission of The Practitioner);
Restrict or inhibit any other user from using and enjoying the Site or Services;
Infringe the privacy rights, property rights, or other civil rights of any person;
Harass, abuse, threaten or otherwise infringe or violate the rights of therapists, Matt Voyles Myotherapy & Remedial Massage (including its employees and personnel) or others;
Harvest, data-mine or otherwise collect information about others, including e-mail addresses, without their consent.
Use technology or other means to access our computer network, unauthorized content or non-public spaces;
(Attempt to) introduce viruses or any other harmful code, files or programs that interrupt or otherwise or limit Site’s or Services’ functionality;
(Attempt to) damage, disable or otherwise impair our servers or networks;
(Attempt to) view or record any client data on electronic practice management software, laptops or mobile devices or paper records without consent
Engage in or encourage others to engage in criminal or unlawful conduct or breach these Terms including misuse of the Site or Services for unlawful or unauthorized purposes. You agree not to breach these Terms in any way which may result in, among other things, termination or suspension of your access to the Site and Services.

INTELLECTUAL PROPERTY

MATT VOYLES MYOTHERAPY & REMEDIAL MASSAGE, the Matt Voyles Myotherapy & Remedial Massage logo, brand and all other trademarks, photography, service marks, graphics and logos used in connection with the Site or the Services are our trademarks, registered or unregistered, protected by intellectual property law. No marks, content, imagery may be copied, shared, reproduced, imitated or used, in whole or in part, without our express prior written consent. All rights are reserved.

DISCLAIMER

We facilitate booking of treatments only. We are not liable or responsible for fulfilment of any booking or performance of The Practitioner.

Nothing contained on the Site or communicated via the Services constitutes, or is meant to constitute, advice of any kind. We are not a health care provider nor do we provide medical advice or medical treatment. References in the Site and via the Services to “Treatment” and “Therapy” or “Clinical” do not refer to medical treatment or medical therapy. The information presented on the Site and via the Services is not intended to diagnose health problems or to take the place of professional medical care. Should you have a medical issue you should always consult with a qualified medical professional.

We make no guarantee that the Site or Services is suitable for your intended use, error-free, timely, reliable, entirely secure, virus-free or available. We make no guarantee of particular results or outcomes by use of the Site or Services.

LIMITATION OF LIABILITY

By using the Site or Service, you agree to hold Matt Voyles Myotherapy & Remedial Massage free from liability or responsibility for any damage that might arise out of the transaction between you and any therapists or massage treatment service providers. MATT VOYLES MYOTHERAPY & REMEDIAL MASSAGE SHALL NOT BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR SERVICES OR ANY THERAPISTS OR MASSAGE TREATMENT SERVICE PROVIDERS. MATT VOYLES MYOTHERAPY & REMEDIAL MASSAGE SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES.

We are not liable or responsible for any errors in or failure to provide Services due to your error or failure to provide accurate and complete information.

We do our best to keep disruptions to a minimum, however we may temporarily suspend the Site and Services from time to time. This may be due to maintenance, other administrative purposes or circumstances which are beyond our control including but not limited to Acts of God, natural disasters, power failure, failure of any telecommunications or other data transmission system. We shall not be liable in these circumstances.

To the maximum extent permitted by law, our liability shall be limited to the amount of fees paid by you for a particular service requested.

USE OF THIS SITE AND SERVICES IS ON AN “AS-IS” AND “AS AVAILABLE” BASIS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVING OR PROFITS, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICES, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR SERVICES, OR WITH THE PROVISION OF OR FAILURE TO PROVIDE THE SITE OR SERVICES.

Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these Terms will exclude or limit our liability in respect of any: death or personal injury caused by the negligence of Matt Voyles Myotherapy & Remedial Massage , fraud or fraudulent misrepresentation by Matt Voyles Myotherapy & Remedial Massage , or any matter which it would be illegal or unlawful for Matt Voyles Myotherapy & Remedial Massage to exclude or limit, or to attempt or purport to exclude or limit, its liability.

INDEMNITY

You agree to defend and indemnify us from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to the Site and/or Service or otherwise from your violation of these Terms.

MODIFICATION & TERMINATION

We may modify these Terms including fees and charges for Services or terminate use of the Site or Services at any time by giving notice of termination to you. We may also change, suspend, terminate or discontinue any aspect of the Site or Services including availability of certain features at any time for any reason.

SEVERABILITY

If any provisions of these Terms are deemed or become invalid, the validity of the other provisions shall not be affected.

GOVERNING LAW & JURISDICTION

You agree that these Terms for all purposes, shall be governed by and construed in accordance with the law in Australia. You also agree, subject to the following clause, to submit to the nonexclusive jurisdiction of the Australian law courts as regards any claim or matter arising under these Terms.