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TERMS AND CONDITIONS FOR COACHING SERVICES

 

These Terms and Conditions (Terms) apply to the client using our Services. In using the Services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on the Website from time to time.

 

DEFINITIONS

 

Confidential Information means any written or oral information that is provided or disclosed by either party directly or indirectly through any means that is not already in the public domain, and may include personal information, business and professional information, family information, and information provided by you or other participants as part of the Services.

 

Materials means ebooks, literature, audio and video recordings, email content, or other material which we may provide you as part of the Services from time to time.

 

Personal information has the same meaning as set out in the Privacy Act 1988 (Cth).

 

Services means our energy healing coaching services provided through one-on-one sessions via various video and web-based means and related services offered by us from time to time.

 

We, Our, Us and Coach means Emma Zilko t/a Luminated Flow (ABN 75 190 816 894) including any directors, employees, contractors and affiliates.

 

Website means luminatedflow.com.

 

You means the client engaging our Services.

 

 

HOW IT WORKS

 

What is Luminated Flow Coaching?

Coaching is a respectful guided process of interaction and self-discovery over a period of time that encourages self-healing and expands your ability to make changes, move forward in new areas and create wellbeing and a more mindful lifestyle.

Coaching services are not to be construed as, or a replacement for, any health diagnosis or medical advice.

As your Coach, I will endeavour to:

• Help create an honest, open, collaborative coaching relationship.

• Be a partner and help you to bring out the best in you.

• Provide a safe, supportive environment for you.

• Respect your confidentiality.

• Promote discovery of new possibilities and insights for you.

• Give you input, honest feedback and operate as a sounding board.

• Listen carefully to what you say and ask questions to help expand your awareness.

• Be a resource for you to use to help you to accomplish your goals.

 

            As the Client in this coaching relationship, you agree to:

• Try to cultivate an honest, self-aware relationship with yourself.

• Commit to goals that are truly meaningful and significant to you and that we agree will help you with your progress and successful outcome.

• Explore new approaches, techniques and experiment with helpful actions and behaviours.

• Provide ongoing feedback on whether coaching is valuable and meeting your needs.

• Be open to hearing our feedback and letting us know whether it fits your expectations of yourself.

• Acknowledge and take ownership for your progress, any setbacks and accomplishments.

How it Works:

 

We offer two types of session options including a package of 3 sessions. We are happy to discuss other options at any time to suit your needs. The 3 session package sets up one session every two weeks and must be used within a 6 week period. We have set our program package up in this manner to promote the best opportunity of success. Any extension of this 6 week time period is in our sole discretion.

We then arrange session times with you to suit your schedule to discuss your needs and can provide helpful methods, techniques, recommendations and mindfulness practices to assist you in your self-healing journey, daily life and to provide ongoing support.

In order for the best possible outcome of success, we ask that you commit to a willingness to change your lifestyle. We also ask that you commit to the full session period to be able to benefit from the program.

 

 

THE SERVICES

 

We will provide the Services to you in accordance with these Terms. We agree to provide our Services in a professional manner and in accordance with generally accepted industry practice and standards and will ensure any contractors, other coaches or representatives that we may employ from time to time will have the relevant qualifications and are under the same standards requirements.

 

In order to receive benefit from the Services, we recommend that you commit to the full period for our sessions and programs.

 

You are not permitted to on-sell, share or otherwise give access to our sessions or Materials to any other person. Any sessions that you have booked are to be attended only by you, the Client, unless otherwise agreed in advance.

 

One-on-One Sessions: Cancellation, Late attendance, and Rescheduling

 

As your one-on-one sessions are important to us and other clients may be booked after you, any delay or late attendance to any scheduled sessions will finish at the nominated and agreed original time in order to not disadvantage other clients that may be scheduled after your session. All sessions must finish on time at the originally scheduled time unless otherwise agreed.

 

All one-on-one sessions must be pre-booked and we require a minimum of 24 hours notice for any change or cancellation of any session. Any sessions cancelled within the 24 hour notice requirement will only be eligible for rescheduling and will not receive any refund. Any other cancellation terms are in our sole discretion.

 

In the event the Coach is required to cancel any session or appointment, the Coach will either reschedule at a time convenient to the Client, the session will be transferred to another date or the fee will be refunded depending on the circumstances appropriate and available to both parties.

 

 

PAYMENT

 

By providing us with your payment and credit card details, you authorise payment for the Services. We require full payment in advance for any session and all Services. Where we offer a payment plan option for any package sessions, by providing us with your credit card details, you authorise us to deduct payment in advance for the payment plan you have agreed in accordance with these Terms.  Alternatively, we may offer a discount for upfront full payment.

 

All packages, sessions and Services are non-transferrable.

 

In the event that we fail to receive payment, or if you do not perform your obligations under these Terms, we may refuse to continue to provide the Services until such time as we receive your payment.

 

All payment information will be kept in a secure manner in accordance with Australian privacy requirements. Please refer to our Privacy Policy for details on how your information will be kept secure.

 

Any new programs and services being offered will be posted on our Website and/or communicated to you when you request our Services. Any updated rates will be published on our Website and notified to you in advance of any payment or booking.

 

 

WARRANTIES AND REFUNDS

 

Legislation may confer certain rights, warranties, guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (ACL). At no time are these statutory rights sought to be excluded.

 

We represent and warrant that:

 

a) in providing the Services, we will comply with all applicable laws and industry standards;

b) the Services will be provided to a high standard in accordance with best practice; and

 

c) the scope of the Services will be limited to that agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in our sole opinion, it would benefit you or be required to meet the requirements of these Terms.

 

 

Refunds:

 

We do not provide any refunds for any sessions and Services that have been provided. Any other refund will be provided in our sole discretion and we at all times abide by Australian Consumer Law with respect to all refunds.

 

In the event that you are entitled to a refund under the ACL then we will be glad to process a refund upon your request. If you believe that you are entitled to a refund then you must provide written notice of your request. In the event that you are not entitled to a refund under the ACL, any other refund may be provided in our sole discretion. At no time do we seek to exclude or limit your statutory rights with respect to any refund.

 

 

GENERAL DISCLAIMER

 

While your health and wellbeing are important to us, you acknowledge and agree that:

 

a) we cannot and do not guarantee any particular results;

 

b) as performance and success of any particular Services are reliant on you, the individual, to meet your own requirements, you are solely responsible for your own progress;

 

c) if at any time during the Services you feel that your progress is not as expected, it is your responsibility to advise us immediately of any concerns in order to give a reasonable opportunity to resolve the concerns, however at no time do we guarantee or warrant any increase or altered progress or performance; and

 

d) your health is important to us. You need to make your own enquiries to determine if the information, programs, products and services offered are appropriate for your intended use and suitable for your needs prior to engaging in any sessions or programs. Our products and information are not to be intended or to be construed as or to replace professional medical or health advice.   All decisions about treatment and management of any condition should be made with a healthcare professional, considering your personal medical history and circumstances.

 

 

DISCLAIMER FOR TAROT READINGS

 

The Coach will use all reasonable endeavours to give positive feedback and insights and will at no time not offer legal, medical, business, mental health or other similar information. At no time is any information or discussion in any reading or session to be considered personal advice.

In particular, our coaching services including any tarot readings (‘Readings’) where provided, are not to be construed as, or a replacement for mental or physical health diagnosis, psychotherapy, legal, financial, medical, relationship or any personal advice. You need to seek assistance and guidance from a suitable professional before relying on any sessions, readings, materials or other information that may be provided or become available to you directly or indirectly from accessing our website or services.

We cannot know how you may interpret the information in our tarot readings and we therefore, cannot be held liable for any decisions you make based on any of our Readings, information, or views. Any decision you take based on information in the Readings is done at your own risk and any consequences, as a result, are your own. You shall indemnify us for any and all claims, whether resulting directly or indirectly from your actions based on our Readings.

 

DISPUTES

 

If at any time you believe that any aspect of the Services are not up to standard, or the parties disagree for any reason in relation to the Services, you must immediately notify us of any such concerns and give us a reasonable opportunity to respond and address them. Feedback and discussion are important to the provision of the Services and it is up to you to provide such feedback in order to give us an opportunity to resolve any issues quickly and effectively.

 

If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time must any communications or discussions be made public, including but not limited to any social media websites of either party. Any public discussion or comments about either party may be the subject of compensation in any mediation or litigation claim.

 

In the event of any dispute in relation to the Services that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of party agrees to pay their own costs.

 

 

INTELLECTUAL PROPERTY

 

We may provide you with Materials from time to time to enable the provision of the Services. All Materials are provided without warranties of any kind, both express and implied. Any Materials, both tangible and intangible, which are provided or may be developed as a result of or during the Services are and will remain our property at all times. No Materials may be reproduced or used for any purpose other than your personal private use and at no time may the Materials be provided to third parties without our express written permission.

 

TERMINATION

 

If there is any breach of these Terms, the party that has committed the breach must remedy or rectify the breach promptly.

 

We may, in our sole discretion, decide to stop the Services for any reason including if we believe that the working relationship has broken down including a loss of confidence and trust, or for any other reason outside our control which has the effect of compromising our ability to perform the Services. In the event of such termination by us, payment must be made up to the date of the last Services and any other monies paid in advance will be refunded to you.

 

In the event of any termination by you, payment for the full terms of the Services as agreed becomes immediately due and payable unless otherwise agreed by us.

 

 

LIMITATION OF LIABILITY

 

You take full responsibility and assume all risk for making any decision based on the Content, any group Information or contained in or as part of the Services.

 

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, damage or injury which may result from your use of or reliance on the Services or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, injury or damage to person or property.

 

Our liability is governed solely by the Australian Consumer Law and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your statutory rights.

 

Except for your statutory rights, all goods and Services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.

 

When your statutory rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option, the supply of any Services again or the payment of the cost of having any Services supplied again.

 

In the event of any successful claim, our liability is limited to the amount of the fees for your membership and/or the Services last paid by you to us.

 

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

LIMITATION OF LIABILITY AND INDEMNITY

 

We are in no way liable for any loss or damages whether direct, indirect or consequential which you may suffer in reliance directly or indirectly on all or any part of the Services. You shall indemnify us and hold us harmless from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against us in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).


Our liability is governed solely by the ACL and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.

 

You acknowledge and agree that you use the Services at your own risk. In engaging the Services, you agree that you are liable for and agree to indemnify and hold us harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services, including but not limited to any third-party claims. In particular, you acknowledge that the Services are provided as a guide only to assist in your personal health and well-being. Any actions, activities or decisions you decide to take as a result of, in conjunction with, or after engaging the Services, is your own decision and we are in no way directly or indirectly responsible for any such actions, activities or decisions based on any discussions or information we may provide.

 

You take full responsibility and risk for making any decision based directly or indirectly on information, Services or any content. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any statement, content or information contained on the website or through anything we may provide to you as part of the Services and all such liabilities are expressly disclaimed.

 

In any case, our liability is limited at all times to the amount of the last invoice fees paid by you.

 

 

INDEMNITY
 

You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special.

 

This indemnity includes all legal fees resulting from your breach of our Terms, any third-party claims including but not limited to your family or relatives, any activity you may engage in through any use of our Services, or your use of the Services.

 

 

GOVERNING LAW

 

This Agreement is governed by the laws from time to time in force in the State of Western Australia. Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of Western Australia for determining any dispute concerning these Terms.

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