Terms & Conditions
Bloom Chinese Medicine | Client Terms and Conditions
Welcome to Bloom Chinese Medicine! We’re excited to work with you to help you achieve your health goals through Chinese medicine, acupuncture and other alternative interventions on the terms set out in this agreement.
These terms apply to your appointments with our practitioners. You will also be required to sign our consent forms in clinic prior to your session.
We have other terms on our website that govern the sale of our physical products (such as teas) and other services.
Please make sure you read this agreement carefully. We’re more than happy to answer any questions you have.
1. Our agreement
Who is this agreement between?
This agreement is between Seed of Life Health Pty Ltd (ACN 14 637 487 319) trading as Bloom Chinese Medicine and you (the person booking this appointment with us).
How long will this agreement last?
This agreement will commence when you accept it and will last until the parties have performed their obligations under this agreement (i.e., when you have paid our fees and we have delivered our services). The terms of this agreement will apply to all subsequent appointments you book with us and by booking another appointment with us, you’re agreeing to be bound by the terms of this agreement.
Which clauses will continue to apply?
Even if this agreement is terminated, the following clauses will continue to apply:
Confidentiality;
Intellectual property;
Warranties and indemnities;
‘What happens if we disagree?’ (dispute resolution).
How can changes be made to this agreement?
We may update our terms from time to time by updating them on our website, including on our online booking system. If you continue to book appointments with us after being made aware of the changes to our terms, you’ll be taken to have accepted our updated terms.
How you can accept this agreement
You can accept this agreement by booking an appointment with us online, in-person at our clinic, or over the phone.
2. Our relationship
Your responsibilities
You agree to:
a) complete any onboarding forms required of you in a timely manner;
b) complete our consent forms prior to your appointment in order to receive treatment from us. You must consult with your medical doctor if you’re unsure about how our treatment will interact with your health, pre-existing conditions, pregnancy, other medical treatments, or medications.
c) notify us as soon as possible if your contact or personal details change;
d) pay our fees in a timely manner (including any applicable cancellation or late fees) and no later than the due date;
e) provide us with comprehensive, reliable, up to date information that we may need to deliver our services to you (e.g., by providing details of any health conditions we need to be aware of); and
f) communicate openly and honestly with us and in a timely manner (we’ll do the same for you).
How we treat each other
It’s important that we show each other mutual respect and treat each other in a way that isn’t aggressive, dishonest, hostile, inappropriate, harassing, discriminatory, or which other poses a risk to our health and safety or property.
We make this commitment to you on behalf of our staff, and we expect that you, and anyone you bring along with you to support your health journey will do the same.
Either of us can terminate our session together if we the other person continues to behave in a way that doesn’t comply with this clause after being asked to stop.
3. The scope of our work
What work will we do?
We offer a wholistic approach to your treatment by providing access to the following services:
a) acupuncture;
b) Chinese herbal medicine;
c) cupping;
d) gua sha;
e) massage;
f) moxibustion;
g) heat therapy;
h) Chinese medicine nutrition;
i) neuro-emotional technique (NET); and
j) other services to naturally support fertility, IVF, pregnancy and women’s hormonal and skin health.
The specific services we’ll provide to you will be agreed with you at the time of booking your appointment with us and confirmed with you prior to treatment commencing in session.
If you booked your appointment using our online booking system, your appointment type will be pre-selected as part of this process.
Making sure our services are right for you
Traditional Chinese medicine is an industry regulated by the Chinese Medicine Board of the Australia Health Practitioners Regulation Association (AHPRA). We are required to adhere to guidelines for practice, including infection control guidelines. Acupuncture practitioners are also required to be registered with AHPRA.
It’s important that you understand that Chinese medicine is a complementary medicine and is not intended as a substitute for primary medical advice or treatment. We aim to support your health journey, but Chinese medicine may not be suitable for all conditions, including medical emergencies. If you’re at all unsure, you must speak with our practitioner and your medical doctor.
We’ll explain the services we provide to you and discuss any potential side effects before we get started. If you’re unsure about how these treatments will affect you, you should ask your practitioner.
If you are unsure about how our services will interact with a medication, medical condition, or other health concern you must consult with your doctor prior to using our services. It’s your responsibility to ensure that our services are right for you.
Making changes
When you book in for a herbal or online consult only, you’re booking in for a specific treatment. If you need to change your appointment type, please provide us with as much notice as possible. Unless we agree otherwise, we won’t be able to make last minute changes to your appointment type or treatment.
This is because the clinician has taken the time to prepare to deliver a particular type of treatment to you and may not be ready or able to provide another type of treatment at short notice.
If you would like to change your appointment type, this is up to the availability and discretion of the clinician. If you request a change less than 48 hours in advance that can’t be accommodated, it will be treated as cancellation by you.
If you are booked in for an appointment other than a herbs only or online consultation, we appreciate but don’t require advance notice.
4. Money matters
What do we charge?
The fees for our treatments are listed on our website and are displayed when selecting an appointment type on our online booking platform. You agree to pay us the fees for the treatment you receive.
When we talk about money, unless we say otherwise, we’re talking about Australian Dollars (AUD).
What happens if you receive an additional treatment?
From time to time, we may be able to offer you treatments in addition to the services you booked in for. If this happens, you agree to pay us the fees for any such additional treatments you receive during your appointment in accordance with the fees listed on our website.
Deposits
We may require you to pay a deposit for certain appointment types. We ask for a deposit as a way of protecting our legitimate business interests. This means that our deposit is reflective of the loss of time, effort, cost, and opportunity if you cancel your appointment.
For this reason, if you cancel your appointment without providing us with at least 48 hours’ notice prior to your appointment, the deposit will not be refunded. For more information, read our cancellation clause set out in these terms.
How you can pay us
You can pay in clinic using EFTPOS or cash. You can choose to pay in full upfront or at the end of your consult. If you choose to pay at the end of your consult, we may require you to pay a deposit.
If you book online, you’ll be charged the full amount upfront.
We’ll need to take your credit or debit card details at the time of your booking. If your appointment is subject to a deposit, you’ll be required to pay your deposit when booking. If you’re paying the full amount upfront, you won’t need to pay a separate deposit.
You authorise us to charge the credit card or debit card listed on file for the provision of our services. Your card will be charged in accordance with our treatment fees as set out on our website.
You also authorise us to automatically charge cancellation fees to your card in accordance with the cancellation policy set out in these terms.
Your payment details will be collected, stored, and used in accordance with our Privacy Policy.
Processing rebates
We use HICAPS to process your health insurance rebates. Please ensure that you bring your health insurance card with you if you intend to claim.
We are unable to process Medicare rebates at this time.
What happens if you don’t pay us?
If you don’t pay us, we can choose to do one or a combination of the following:
a) suspend or terminate this agreement;
b) charge interest on outstanding money at a rate of 10% per annum from the date you owe us the money until you pay us; and/or
c) refer the matter to a debt collector or lawyer (you’ll have to pay their costs).
5. Receiving treatment from us
Consent forms
In order to receive treatment from us, you must sign our consent forms prior to your appointment. Our consent forms cover the following information:
a) pre-existing conditions;
b) risks; and
c) informed consent.
Your expectations
We deliver our services with due care and skill and use our professional judgement to provide your treatment. However, each person will react differently to treatments and procedures, and we can’t guarantee the success or effectivity of any treatment that we administer.
Please don’t rely on anything on our website or social media as evidence of results achieved using our treatments or as measure of results you can expect to achieve from our treatments. If you have any questions or concerns, please discuss these with your practitioner.
Reminders and making contact
You consent to us using your personal information to contact you for the purpose of sending you appointment reminders, communicating with you are about your treatment, processing payments and as required to deliver our services to you.
If you’d prefer not to receive appointment reminders, please let us know by emailing our practice manager at info@bloomchinesemedicine.com.au.
You can find more information about how we collect, store, and use your personal information in our Privacy Policy, located on our website at https://www.sunshinecoastacupunctureclinic.com.au/privacy-policy/.
6. Confidentiality
Client confidential information
Your personal and medical information is confidential and will not be shared other than as set out in this agreement, our consent forms, or in our Privacy Policy, located https://www.sunshinecoastacupunctureclinic.com.au/privacy-policy/.
Our confidential information
Unless you have our permission in writing or as otherwise required by law, you must keep all of our confidential information secret and confidential. Our confidential information is anything that isn’t available to the public, such as our internal documents and forms, records, suppliers, ideas, and the ways that we do business (such as our patient care model).
7. Ending our agreement
Cancellation
If you would like to cancel or reschedule your session, you must provide us with at least 48 hours’ notice before a scheduled appointment by sending us an email to info@bloomchinesemedicine.com.au or by calling our clinic on (07) 5391 0312.
If you fail to provide us with at least 48 hours’ notice, you will be subject to the following cancellation fees:
More than 24 hours but less than 48 hours |
You will be charged 50% of the appointment fee and your appointment will be forfeited.
We will automatically charge the cancellation fees to the card that we have on file, less any money you have paid as a deposit. |
Within 24 hours |
You will be charged the full appointment fee and your appointment will be forfeited.
We will automatically charge the cancellation fees to the card that we have on file, less any money you have paid as a deposit. |
If you are unable to attend in person, you may also request to change your appointment type to a Zoom session. Please note that due to the nature of our practice there are certain treatments that are only available in person.
We may cancel or reschedule your appointment if one of our practitioners is unable to attend your session. If we have to do this, we’ll provide you with as much notice as possible and may offer you an alternative appointment or practitioner if available.
What happens when it ends?
If this agreement is terminated, all rights and obligations accrued up to the date of termination are not impacted.
8. Refunds
It’s important that you understand there are two different types of refunds: Australian Consumer Law (ACL) refunds and refunds which you may be entitled to under a policy that is set by a business.
The ACL sets out certain rights that may entitle you to a refund. These rights apply to the quality of the services we provide and don’t cover things like ending this agreement because of personal circumstances or a change of mind. We can’t and don’t intend to take away your rights under the ACL.
This is different to our change of mind or ‘internal’ refund policy, which is not mandatory under the ACL, is subject to change on notice, and which may deal with refunds for change of mind or another reason.
Australian Consumer Law (ACL)
If you’re a consumer for the purposes of the Australian Consumer Law (ACL), you may have certain rights to consumer guarantees.
For services, these guarantees are as follows. The services:
a) must be provided with acceptable care and skill or technical knowledge
b) be fit for purpose or give the results we agreed to
c) if we haven’t agreed to a timeframe, services must be delivered within a reasonable time frame
If we provide a service that fails to meet these guarantees, the ACL says that we must provide a remedy (such as to provide the services again, provide a refund or pay for another service provider to provide the services again).
If you believe you have a claim under the ACL, please contact us to discuss this further by emailing info@bloomchinesemedicine.com.au.
Our refund policy
We don’t offer refunds other than in accordance with the ACL for our services.
9. Intellectual property
What is intellectual property?
Intellectual property refers to ownership of things we can’t necessarily see or touch (intangible property). Types of intellectual property include copyright, trade marks, designs, patents, and more. For our purposes, you can think of intellectual property as protecting the expression of ideas.
Expressions can include
a) Creative works such as: artwork, graphics, icons, images, etc;
b) Documents used during business, such as: brochures, confidential information, quotes, instructions, health info sheets, our social media templates, etc;
c) Work we produce for you as part of our services, such as: a food chart, diet plan, exercise regime, or similar.
How we deal with our intellectual property
Ownership: We own or have the right to use all our intellectual property. We also have moral rights (right to be named as the author, right to the way the materials we produce look and are used) that we don’t waive – so you must respect them. This agreement does not transfer ownership in our intellectual property to you.
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Licensing: During our work together, we may create for you or allow you to use materials as part of the services. For example, we may create a meal plan for you. We own this work, but in order to let you use it, we license it to you. This is like borrowing our intellectual property – you don’t own it, but you can use for the purpose that it was created for, such as to decide what to eat to meet your health needs. Your license can be taken away (cancelled) if you breach this agreement. If you want to use our work for something else, such as to promote a business, you’ll need to ask our permission and we may charge you an additional fee. If you want to do this, please discuss it with us by emailing info@bloomchinesemedicine.com.au. This may be subject to additional fees. |
What does your licence look like?
(a) You can only use our work for the intended personal use (e.g., to make healthier food decisions or to follow a recommended exercise regime). (b) You can’t tell or imply to others that our work is owned by you. (c) You can’t provide copies of our work to other businesses for their commercial gain; (d) Your license can be taken away from you if you don’t comply with this agreement. If you’re in breach, you’ll be notified in writing. If you don’t fix your breach of this license within 7 days your license will be cancelled, and you won’t have the right to use the photos to any purpose. (e) While we’re waiting for you to fix a breach, we may: i. stop work; ii. suspend your access to our intellectual property (such as by suspending your access to a photo gallery; and/or; iii. completely cancel your license until you fix the breach. |
Sharing our intellectual property with others
This clause extends to protect all intellectual property rights in all materials we share with you, including our quotes or other materials.
You must not share or re-use any of our materials for commercial purposes unless we say so in writing.
Indemnity
In addition to any other rights we have at law, and to the maximum extent permitted by law, you agree to indemnify us on a full indemnity basis for any breach of this clause including for any costs we incur in seeking legal advice on the breach and in taking legal proceedings against you.
10. Liability
What is liability?
Liability means being legally responsible for something going wrong. Being legally responsible usually means being responsible for making something right, like paying compensation, refunding money or fixing an issue.
Liability under the Australian Consumer Law (ACL)
Australian clients are entitled to guarantees under the ACL. We can’t and won’t change these. We specifically exclude all other guarantees that might apply to our services.
Liability for breach of contract
To the maximum extent applicable by law, we specifically exclude all liability for breach of contract.
Other liability, including for negligence
To the maximum extent applicable by law, we specifically exclude all other liability to you, including for negligence.
Liability for consequential losses
To the maximum extent permitted by law, we exclude all consequential losses, however arising.
Failure to disclose medical information
To the maximum extent permissible by law, we won’t be liable for negligence, consequential loss, or damage if you are injured as a result of a failure to disclose relevant health and medical information to us.
Example: You fail to tell us about a disease that affects your health (such as liver disease) and we recommend a herbal supplement that is not suitable for people with compromised liver function. This impacts your condition negatively. We won’t be responsible for negatively contributing to your liver decline because you didn’t tell us about it.
11. Warranty and Indemnity
What are we asking you to do?
An indemnity is a promise to take on legal responsibility (liability) to pay or make something right in our place in certain circumstances as set out below.
Breach of intellectual property clause
In addition to any other rights we have at law, and to the maximum extent permitted by law, you agree to indemnify us on a full indemnity basis for any breach of our intellectual property clause, including for any costs we incur in seeking legal advice on the breach and in taking legal action against you.
Consent Forms
You warrant that you will complete our intake and consent forms truthfully and notify us if anything changes. You indemnify us in the event that you have given us a false warranty or failed to update us about changes in your personal circumstances that relate to your health.
Example: You have a communicable disease that you don’t tell us about (e.g. measles, flu, COVID-19, etc). Our practice then experiences an outbreak of that disease or infection. We need to close our practice down and engage a specialised sanitation service before we can reopen. You’ll be responsible for loss we suffer as result – such as the cost of cleaning and lost appointment fees.
What happens if we disagree?
Dispute resolution
If we disagree about something that relates to this agreement, we both agree not to go straight to court or a tribunal unless we need urgent relief, like an interlocutory order.
We agree to follow the steps set out in this clause first.
a) First, the party with the issue needs to tell the other person about the issue in writing so they understand what the problem is. This written notice needs to include the outcome that the person with the issue wants and the action they think the other person needs to take to settle the issue.
b) Once the other person receives the notice of the issue, both parties agree to do their best to try and resolve the issue together within 30 business days.
If a dispute is declared, any communications between us are confidential and should be treated as ‘without prejudice’ negotiations for the purpose of evidence law. This means that neither of us can use these communications if we go to court.
Mediation
a) If we can’t resolve the issue on our own, we agree to select an independent mediator to help us work through the problem. We have up to 7 business days to select a mediator together.
b) If we can’t agree on a mediator, then we both agree to ask the President of the Law Society of Queensland to appoint a mediator for us.
c) If we have to mediate, we agree to mediate virtually, and if that’s not possible, to go to mediation in Brisbane and split the fees of equally between us.
This clause will continue to apply even if this agreement is terminated.
13. General
a) Time is of the essence in this agreement. No extension or variation of this agreement will operate as a waiver of this provision.
b) We won’t voluntarily assign or otherwise transfer our obligations under this agreement without your prior consent, however, we may sub-contract one or more aspects of the services, provided always that we will remain the head contractor and will be responsible for the delivery of services in accordance with this agreement.
c) This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement, and supersedes any prior understanding, arrangement, representation, or agreements between the parties as to the subject matter contained in this agreement.
d) If anything in this agreement is unenforceable, illegal, or void, it is severed, and the rest of the agreement remains in force.
e) Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
f) Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, riot, strike, war, pandemic, restrictions and prohibitions or any other actions by any government or semi government authorities, or major injury or illness of key personnel.
g) The law of Queensland (QLD) governs this agreement, and the parties submit to the non-exclusive jurisdiction of the courts of QLD.
h) Notices
i. A notice or other communication to a party must be in writing and delivered to that party in one of the following ways:
ii. delivered personally; or
iii. sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.
i) Interpretation
i. If we refer to a piece of legislation, this includes changes or updates to it, and instruments and regulations introduced under it.
ii. Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
iii. Headings are just for convenience, not for interpretation.
iv. Grammatical forms of defined words or phrases have corresponding meanings;
v. Dates and times set out in this agreement are in reference to Brisbane, Queensland, Australia;
vi. If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next Business Day;
vii. References to a party are intended to bind their executors, administrators and permitted transferees; and
viii. Obligations under this agreement affecting more than one party bind them jointly and each of them severally.
j) Definitions
i. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
ii. Business Day means a day on which banks are open for business in Brisbane, other than a Saturday, Sunday or public holiday.
Website User Agreement
Bloom Chinese Medicine provides Acupuncture and Chinese medicine services, including providing general health information and health information documents. An outline of this information is provided within this site. The information is generic in nature and we take no responsibility for its usage. The information is not intended to replace proper medical advice and should not be interpreted as such. By accessing and using this website you acknowledge that you have read these conditions and agree, without limitation, to be bound by them.
Ownership
This website at the domain https://www.sunshinecoastacupunctureclinic.com.au (Website) is operated by Seed of Life Health Pty Ltd (ABN: 14 637 487 319) (we, us or our).
Company Details & Contact Information
Company Name: Seed of Life Health Pty Ltd
Trading Name: Bloom Chinese Medicine
ABN: 14 637 487 319
Country: Australia
Telephone Number: (07) 5391 0312
Email: info@bloomchinesemedicine.com.au
Privacy
Bloom Chinese Medicine is committed to the protection of personal information provided to us. Our Website follows various principles concerning the collection, storage and use of personal information as outlined in the National Privacy Principles of the Commonwealth Privacy Act (1988). Accordingly we have a privacy policy which deals with:
- The way we collect, use and disclose personal information;
- The way we protect the quality and security of such personal information;
- The way that access can be granted to personal information held by us;
- The manner of dealing with any complaints concerning the correctness of or access to personal information held by us.
Our Privacy Policy is available at: https://www.sunshinecoastacupunctureclinic.com.au/privacy-policy
Copyright
The material contained in this site is the copyright of Bloom Chinese Medicine and is protected by Australian and international copyright laws. The site and the data in it are supplied solely for informational use. Apart from permitted uses under the Copyright Act 1968 (Cth), and, except for the temporary copy held in your computer’s cache and downloading for private use, no part of the material or data contained in this site may be reproduced, altered, transmitted or re-used for any purpose whatsoever without the written permission of Bloom Chinese Medicine.
Website Content and Materials
The information and materials contained in this site (including these terms and conditions) are subject to change without notice. We may discontinue or make changes to the content of this site and the network at any time. Any dated information included in this site is current at the date of publication only, and we will not have any obligation or responsibility to update or amend such information.
Information Provided for Education Purposes Only
The information and materials contained in this site are intended for education and research purposes only, and Bloom Chinese Medicine makes no warranties or representations regarding the quality, accuracy, reliability, completeness, timeliness, usefulness, merchantability, fitness for purpose or safety of any or all of the content contained on the website. The contents may contain inaccuracies, errors or omissions. Any use and/or reliance on the content is at your own risk.
While the Bloom Chinese Medicine has exercised due care in ensuring the accuracy of the material contained on this website, the information on the site is made available on the basis that Bloom Chinese Medicine is not providing professional advice on a particular matter. This website is not a substitute for independent professional advice. Nothing contained in this site is intended to be used as medical advice and it is not intended to be used to diagnose, treat, cure or prevent any disease, nor should it be used for therapeutic purposes or as a substitute for your own health professional’s advice. Bloom Chinese Medicine does not accept any liability for any injury, loss or damage incurred by use of or reliance on the information provided on this website.
Links to Third Party Websites
Links to other websites may be provided from this site. In those circumstances we have no control over the content of those third party websites. We make no express warranties concerning the content of those other sites. In particular we do not warrant the accuracy, completeness or reliability of those sites for a particular purpose, nor do we warrant that such sites or their content are accurate, complete, current and free of defects including but not limited to, viruses or other harmful elements. The user of this site will assume all risks and costs arising from the use of any website linked to this site.
Disclaimer
This website is presented “as is”. Every effort has been made to accurately represent information and its potential. We make no representations or warranties of any kind whether express or implied in connection with material on this website including but not limited to warranties as to merchantability, non-infringement of intellectual property or fitness for a particular purpose, to the extent to which such representations and warranties may lawfully be excluded.
You agree that we will not be liable for any loss or damage which you incur as a result of use of this website including without limitation, damage caused by access delays, computer viruses, system failure or malfunction which may occur in your use of the website including hyperlink to or from third party websites.
To the maximum extent permitted by law we disclaim liability for any direct, indirect, incidental or consequential damage of any kind related to your use of this site.
Indemnification
You agree to indemnify and hold harmless Bloom Chinese Medicine and any affiliated organisations, and its directors, officers and employees from any claim or demand including reasonable legal fees, made by any third party due to or arising out of your use of this site (and the information it contains) or any violation of these terms and conditions.
No Offer of Products or Services
Nothing contained in this site will constitute an offer by Bloom Chinese Medicine for any products or services which may be advertised through the site including its micro site pages. Nor does Bloom Chinese Medicine make any specific warranty or representation of any kind with respect to any such information. Bloom Chinese Medicine will not be liable to you or any person who incurs any loss or damage as a result of relying upon any such information.
Your Feedback
We welcome enquiries or feedback on Our Website or any ideas you may have. Unless specifically stated by you we shall treat any information you provide us with, as non-proprietary and non-confidential.
Find Us
Bloom Chinese Medicine
Contact
2/106 Sixth Avenue, Maroochydore
Monday: 9:00am – 8:00pm
Tuesday: 9:00am – 8:00pm
Wednesday: 9:00pm – 8:00pm
Thursday: 9:00am – 8:00pm
Friday: 9:00am – 2:00pm
Saturday: 8:00am – 12:30pm
Bloom Chinese Medicine is an integrative Chinese medicine and acupuncture clinic committed to providing the best outcomes for our patients, and empowering them along their journey to optimal fertility and wellness. Centrally located in Maroochydore on the Sunshine Coast, we have visitors from local suburbs and all over Queensland. Proudly servicing Maroochydore, Mooloolaba, Alexandra Headland, Buderim, Buddina, Kawana, Minyama, Parrearra, Warana, Birtinya, Bokarina, Wurtulla, Little Mountain, Caloundra, Aroona, Bells Creek, Meridian Plains, Palmview, Sippy Downs, Mountain Creek, Kuluin, Kunda Park, Diddillibah, Twin Waters, Pacific Paradise, Mudjimba, Marcoola, Bli Bli, Coolum, Yaroomba, Yandina, Ninderry, Valdora, Peregian Springs, Peregian Beach, Doonan, Noosaville, Noosa, Noosaville, Tewantin, Doonan, and Nambour.