Terms and Conditions
& Privacy Policy

WellBodhi – Terms and Conditions & Privacy Policy

Last updated: 12 April 2024

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WellBodhi (ABN 64 581 174 173) is a nutrition coaching and consultation service owned and operated by Silvia Calisto. Your rights to use the WellBodhi Services (the “Service”) are set out in these Terms and Conditions (“Terms and Conditions”) and our Privacy Policy (“Privacy Policy”). These Terms set forth the Terms and Conditions under which you may use our website and services as offered by us. 

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In these Terms and Conditions, the terms “we”, “us”, and “our” refers to WellBodhi. “Website” or “Site” means the whole or any part of the web pages located at www.wellbodhi.com.au and includes the layout, individual design elements, underlying code elements and any text, sounds, videos, graphics, animated elements, or any other content contained on our Website.

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Our Terms and Conditions and our Privacy Policy are collectively referred to as the Agreement (“Agreement”).

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We may change these Terms and Conditions at any time without notice. Any amendment will be effective immediately. Your continued use of this Website after any amendment constitutes an agreement by you to comply with, and be bound by, the amended Terms and Conditions. Accordingly, you should access and read the Terms and Conditions from time to time for changes.

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IMPORTANT: By accessing or otherwise using the service, including accessing, browsing, posting on and downloading any materials, you acknowledge and agree to be bound by this agreement and agree to access or otherwise use the Service in accordance with this agreement.

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If you do not accept and agree to be legally bound by and comply with the Agreement, you are not permitted to access or otherwise use the Service.

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You acknowledge that the WellBodhi Website has been established for those seeking nutritional information, advice and support and it is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should not disregard professional medical advice, or delay seeking it, because of any information contained on our Website.

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Ability to Accept Terms and Conditions

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• Provide relevant information (including personal information) to enable WellBodhi to provide you with the service you have requested;

• Provide WellBodhi with up-to-date contact details.

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WellBodhi may, in its discretion, access, monitor and review content or material which you submit to the WellBodhi Website. You grant WellBodhi a perpetual royalty free, non-exclusive, irrevocable, worldwide licence (with a right to sub-license to our authorised nominees) to use, modify, copy, distribute, transmit, reproduce, publish, display and broadcast the material you have submitted or posted on the WellBodhi Website including in any promotional or communication activities WellBodhi conducts in Australia or overseas.

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If you have a complaint about any of the content that may be published on our Website, you should contact WellBodhi.

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Age Restrictions

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The minimum age to access our services is 16 years old, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. By using our services, users agree to advising their age and date of birth and ensuring it is up to date, accurate, and truthful age. We do not assume any legal responsibility for false statements about age.  

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​Acceptable Use and Prohibited Activities

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As a user of our Site, you agree to use our Site legally, not to use our site for illegal purposes and not to:

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• Harass or mistreat other users of our Site;

• Violate the intellectual property rights and/or Copyright of the Site owners or any third party to the Site;

• Hack into the account of another user of the Site;

• Act in any way that could be considered fraudulent;

• Post any material that may be deemed inappropriate or offensive; or

• Transmit computer viruses that could affect the Site and/or other users.

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If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal action necessary to prevent you from accessing our Site.

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Accounts

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When you create an account on our Site or through an affiliated third-party portal, you agree to the following:

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1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

2. All personal information you provide us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

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We reserve the right to suspend or terminate your account if you are using our site illegally or if you violate these Terms and Conditions.

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Sale of Goods and Services

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These Terms and Conditions govern the sale of goods and services available on our Site.

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The following goods may be available on our Site:

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• Digital Products;

• E-Resources;

• E-Books; and;

• E-Courses;

• Printables.

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The following services are currently available on our Site:

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• Initial Consultations;

• Standard Consultations;

• Follow Up Consultations;

• Health, Diet & Lifestyle Assessments;

• Value Packages.

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The good and services will be paid in full when the services are ordered, unless ‘Pay in 4’ via Paypal has been selected and authorised by PayPal for the purchase.

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These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images.

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We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

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Payment Terms

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Payment must be made at the time of booking, prior to consultation. We accept the following payment methods on our Site:

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• Credit Card;

• PayPal;

• Debit or Bank Transfer.

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All amounts quoted and charged are in Australian dollars. Transaction fees may occur in connection with use of payment using a credit card and/or PayPal. Bank transfers do not incur transaction fees. 

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Our Site currently uses Stripe and PayPal as third-party payment processers as an option for payments. If you choose to pay for your consultation(s) through Stripe or PayPal and enter your credit card details for payment, Stripe or PayPal may store your card details. WellBodhi does not store your card details.

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To the extent permitted by law, WellBodhi has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Please check Stripe or PayPal’s Terms and Conditions and Privacy Policy for more information.

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You understand that these Terms of Service do not apply to your use of such third-party sites or applications. You acknowledge and agree that WellBodhi is not responsible or liable for your use of any third-party website, application, service or content. We are not responsible for the privacy practices of any third-party social media or other service providers that you can access through our Website. 

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When you provide us with your payment information, you authorise our use of access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

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If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

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Refunds

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Refunds for Goods

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All goods sold on our Site are Digital E-Products and cannot be returned, exchanged, or refunded due to change of mind as they are deemed used, and therefore are non-refundable. In the event that the Digital E-Product(s) is defective or faulty you will have up to 14 days to contact WellBodhi and apply for a refund from the date of purchase and include proof of purchase. Refunds may take up to 7 business days to be processed.

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Refunds for Services

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There is no refund for change of mind on purchases of our services, but if you are unhappy with the consultation(s) and/or they have not met your expectations, then please contact WellBodhi.

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Cancellations, No Shows and Rescheduling Appointments

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Cancellations must be made at least 24 hours prior to your appointment. Please note that once you have booked an appointment with WellBodhi it means that time as been reserved exclusively for you.

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If you cancel your appointment less that 24 hours before it is scheduled to take place, or you miss your appointment, you will be subject to a fee of $50, and/or forfeit the scheduled session, (unless an emergency and/or special circumstance(s) have been approved).

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If you are more than 10 minutes late to your scheduled appointment without notice, your session may not be extended for the time that you have lost, (unless an emergency and/or special circumstance(s) have been approved).

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Limitation of Liability

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Silvia Calisto and our employees, subsidiaries, and affiliates of WellBodhi will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Site.

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Indemnity

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Except where prohibited by law, by using this Site you indemnify and hold harmless Silvia Calisto and our employees, subsidiaries, and affiliates of WellBodhi from any actions, claims, losses, damages, liabilities, and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

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Specific Warnings and Disclaimers

 

WellBodhi makes no representation or warranty as to the reliability, accuracy or completeness of the information contained on our Website, or that your use of our Website will be uninterrupted or error free.

 

You should not act on the basis of anything contained on our Website without first obtaining professional advice specific to your circumstances. Never disregard professional mental health or medical advice or delay the seeking of treatment because of something you have seen on our Website. You must make your own assessment of the information contained on our Website and, if you choose to rely on it, it is wholly at your own risk.

 

We are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with your use of our Website or a third-party website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else that may interfere with or damage the operations of your computer system.

 

We may, from time to time, change or add to our Website without notice. However, we will not be liable to you or anyone else if errors occur in the information on this Website or if that information is not up to date.

 

To the fullest extent permitted by law, WellBodhi exclude all warranties, representations, implied terms and guarantees about the currency, accuracy, completeness, suitability, functionality or reliability of the WellBodhi Website, including any materials and resources provided on our Website.

 

Additional Terms

 

• ‘Registration of Interest’ and completion of a complimentary ‘Health & Nutrition Intake Assessment Form’ must be completed prior to the commencement of any nutritional coaching, consultations and/or packages.

 

• An Initial Consultation must occur prior to any other consultation. Initial Consultations are included in the Health, Diet & Lifestyle Assessment, and all Value Packages.

 

• Users agree to providing up to date, full and accurate information about any diagnosed medical conditions, medications, medicines, or supplements, known allergies and intolerances, past or present, to ensure the safety of any treatment, nutritional and wellbeing advice, and/or information given.

 

• In some cases, a ‘GP Medical Clearance’ or ‘Referral to an Allied Health Professional’ may be required. As a Nutrition Council Australia (NCA) Nationally Recognised Nutritionist, I am dedicated to enhancing your whole health, nutrition and wellbeing. However, there are times when the services you need are outside my Scope of Practice. Please download and read ‘Nutrition Council Australia (NCA) Scope of Practice as a Nationally Recognised Nutritionist for more information at: http://nutritioncouncilaustralia.com.au/scope-of-practice/

 

• Users agree it is the sole responsibility of the user/client/individual to provide up to date, complete information that is accurate and true. WellBodhi will not be liable for the effects of a nutrition assessment, coaching, consultation and/or advice based on any misrepresentation, misinformation, inaccuracy, or omitted information. If you choose to follow any nutrition coaching/directions/advice and/or any treatment/plans without clearance from a GP or Allied Health Professional (if required), you agree to accept full responsibility for your decision. WellBodhi provides nutrition coaching and consultations intended to improve general health, nutrition, and wellbeing, and it not intended to diagnose, treat or cure any medical condition, disease or ailment. Results and changes to your general health, nutrition and wellbeing may vary depending on medical conditions, medications, lifestyle factors and/or commitment/accuracy in following suggested guidelines. Never reduce or eliminate physician prescribed medications without the direction of a GP or Allied Health Professional.

 

• All consultations and coaching are currently offered online via Teams or similar, for your convenience, unless otherwise arranged with WellBodhi.

 

• Any personal information disclosed to WellBodhi will be kept private. In the case of referrals to other professionals, relevant information may be disclosed to another professional but only with your approval and written consent.

 

Consultation Agreement and Terms

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Users agree to the following Consultation Agreement and Terms:

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• The information I have provided/will provide via registration, questionnaires, phone, email, text/SMS, in-person, via video conference or by any other means of communication is up to date, true and accurate to the best of my knowledge.

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• The recommendations I may receive are not a substitute for professional medical advice from a qualified doctor, GP, or Allied Health Professional.

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• The advice and/or treatment I may receive is personal and applies specifically to me only. This same advice and/or treatment may be ineffective or even harmful when applied to other people with different health conditions, health history and/or background.

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• I must communicate with WellBodhi of any changes in my medical prescriptions or treatments for the duration of my services with WellBodhi.

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• I must promptly inform WellBodhi if any advised or recommended changes to my diet, nutrition and/or lifestyle have started to cause me any adverse effects.

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• I understand that the advice, treatment and/or support I may receive from WellBodhi may not solely be enough, for me to achieve my nutrition and/or health goals. I understand that I need to be committed and put in the necessary time, effort and work required, diligently follow coaching/directions/advice and/or any treatment/plans that are prescribed for me, for the period of the service. 

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• I understand that changes in my nutrition, diet and lifestyle may produce effects in my body, energy, health, and condition, that are gradual in nature – not instantaneous.

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• I understand that, although WellBodhi will endeavour to help me achieve my nutrition, health and lifestyle goal(s) to the extent possible, the possibility exists that I may not fully attain my goal(s) due to factors outside the control of WellBodhi.

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Qualifications

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Silvia Calisto, is a Nationally Recognised Nutritionist in Australia, registered through Nutrition Council Australia (NCA), since January 2022 (Registration Number 494).

 

10763NAT – Certificate IV in Nutrition (Sports Nutrition Advisor/Health & Wellness Coach);

SIS40215 Certificate IV in Fitness; and

SIS30315 Certificate III in Fitness (Group Exercise Instructor + Gym Instructor).

 

Qualifications have been obtained through VAST Training Academy (Trading as VAST Fitness Academy) Pty Ltd ABN 14 492 461 636; and are Nationally Recognised Training Australia-wide.

 

Applicable Law and Jurisdiction

 

These Terms and Conditions and Agreement are governed and construed in accordance with the laws of the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the New South Wales courts for any matter arising under or relating to this Agreement.

 

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

 

Validity

 

Nothing in this Agreement shall be construed as excluding or overriding any mandatory terms imposed under any legislation applicable to this Agreement or its performance.

 

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that this Agreement shall otherwise remain in full effect.

 

Amendments to this Agreement

 

This Agreement may be amended or replaced from time to time, with or without prior notice to Users, by posting an updated Agreement. Any updated Agreement becomes effective as soon as it is posted. Your use of the Service following any amendment constitutes your acceptance of any updated Agreement. If you do not agree to any updated Agreement you must not use the Service. 

 

Ownership of Intellectual Property, Copyrights and Logos

 

Users of our Website have access to and may download available materials and resources for personal use only. All intellectual property rights in materials and resources provided on the WellBodhi Website are owned by WellBodhi or its affiliates or licensors.

 

You must not do anything with the materials and resources, that is not expressly authorised by these Terms of Service. Without limitation, you must not modify, adapt, sell, or use the materials and resources for a commercial purpose (such as charging third parties for access to the materials and resources) without the prior consent of WellBodhi.

 

You acknowledge that WellBodhi is not a medical service. The content of the WellBodhi Website including the materials and resources is intended for information purposes only. The WellBodhi Website, materials and resources are not intended to be suitable for professional medical advice, diagnosis, or treatment. 

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The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Silvia Calisto and WellBodhi. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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Trademarks

 

All trade names, trademarks, service names, and logos displayed on our Website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These Marks may be our registered or unregistered Marks or may belong to others and are used on our Website with permission of the relevant owner.

 

You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Service; nor will you post to the Service any material which infringes any intellectual property rights of any third party.

 

You are not permitted to copy, share or distribute e-courses or content produced by WellBodhi available through our Website.

 

By using the Service, you confirm that any Content and Personal Data you submit or post to the Service will not infringe any other person’s Intellectual Property Rights or any law.

 

Cookies

 

When you access our Website, we may send a “cookie” (a small summary file containing a unique ID number) to your computer or internet enabled device. We may collect your personal information through the use of cookies.

 

We use cookies to: 

 

• To provide a great experience for users;

• To identify registered users;

• To monitor and analyse the performance, operation and effectiveness of the Site;

• Recognise your computer or internet enabled device;

• Greet you each time you visit our website;

• Keep track of services you view;

• With your consent, send you news about viewed services;

• Measure traffic and engagement patterns, to evaluate our website visitor’s habits;

• Identify and continually improve our services, programs, content and resources;

• To ensure our platform is secure and safe to use;

• If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

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It's important to note that third-party services, such as Google Analytics or other applications placing cookies or utilizing other tracking technologies through my Site, may have their own policies regarding how they collect and store information. As these are external services, such practices are not covered by my Privacy Policy.

 

All of the information we collect is aggregated and cannot be used to identify you individually. This information is used to evaluate website usage in order to maintain its effectiveness.

 

We do not collect this information for any type of online advertising.

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​Site Users Personal Information

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WellBodhi is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our goods and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.  

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All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

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Social Media

 

We have several social media accounts, which currently includes Facebook, Instagram and LinkedIn. All content on our social media pages is subject to individual terms of use as outlined by each social media provider.

 

By interacting with our social media pages, you agree to be bound by the terms of use of the relevant social media provider.

 

Promotional emails and content

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You agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please contact WellBodhi. 

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Contact WellBodhi

 

If you have any questions or comments about this Agreement, including our Terms of Service and Privacy Policy, please write to us at:

 

Silvia Calisto

WellBodhi ABN 64 581 174 173

Email: silvi@wellbodhi.com.au

Phone: 0434 822 981

 

Please provide sufficient detail about the information in question to help us locate it.