Terms and Conditions for Whole Person Living Services.

These Terms and Conditions (Terms) apply to the client using the 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 may be provided to you as part of the Services or which enable the Services to be provided to you from time to time. 

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

Services means the holistic services provided through one-on-one sessions which may involve Holistic Life Coaching, mindfulness techniques, Vedic Astrology, Ayurveda, Shamanic Healing and related services offered from time to time. 

I, Me, My and Louise Carroll means Louise Carroll t/a Whole Person Living (ABN 90 060 657 599) including any directors, employees, contractors and affiliates.

Website means wholepersonliving.com.au

You, the Client means the person engaging the Services. 

THE SERVICES

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

Sharing Materials or Session Information 

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 me, 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 I require a minimum of 48 hours notice for any change or cancellation of any session. Any sessions cancelled within the 48 hour notice requirement will be forfeited and not able to be rescheduled or refunded. Any other cancellation terms are in my sole discretion.

In the event Louise Carroll is required to cancel any session or appointment, I 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 me with your payment and credit card details, you authorise payment for the Services. I require full payment in advance for any session and all Services. Where I offer a payment plan option for any package sessions, by providing me with your credit card details, you are authorising me to deduct payment in advance for the payment plan you have agreed in accordance with these Terms.  

All packages, sessions and Services are non-transferrable. 

In the event that I fail to receive payment, or if you do not perform your obligations under these Terms, I may refuse to continue to provide the Services until such time as I 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 the Website and/or communicated to you when you request the Services. Any updated rates will be published on the 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.

I represent and warrant that:

  1. in providing the Services, I will comply with all applicable laws and industry standards;

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

  3. 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 my sole opinion, it would benefit you or be required to meet the requirements of these Terms.

Refunds: 

There are no refunds for any sessions and Services that have been provided. Any other refund will be provided in my sole discretion and I 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 I 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 my sole discretion. At no time do I seek to exclude or limit your statutory rights with respect to any refund. 

GENERAL DISCLAIMER

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

  1. Louise Carroll cannot and does not guarantee any particular results; 

  2. 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 and any decisions you make based on the Services;

  3. Louise Carroll may, from time to time or as part of the Services, recommend techniques, exercise or diet regimes, practices or treatments in the course of or as part of the Services. If the Client has or suspects they may have allergies or medical issues which may be affected by certain foods, or, after taking any course of action suggested by Louise Carroll, find they may have or are experiencing side effects which are uncomfortable or concerning, they should stop any regime and promptly contact their professional health care provider. Any statements either on the website, or made by Louise Carroll regarding diet, food or treatments in any session are to be used at the Client’s discretion and are not intended to diagnose, treat, cure or prevent any disease, illness or medical condition; and

  4. As your health is important, 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 sessions and information are not 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 your own healthcare professional, considering your personal medical history and circumstances. 

    DISCLAIMER FOR HEALTH CONTENT IN MATERIALS

The information and recommendations provided in the Materials are based on Louise Carroll’s own research, experience and views. The information is intended to be general information, covering general health issues and common life. Whilst best efforts have been used to ensure that the information in the Materials is accurate, sometimes there may be errors, inaccuracies or new research that has not been included.

I cannot know how you may interpret the information in the Materials and therefore, cannot be held liable for any decisions you make based on any of the Materials, information, suggestions or views. Any decision you take based on information in the Materials is done at your own risk and any consequences, as a result, are your own. You shall indemnify Louise Carroll for any and all claims, whether resulting directly or indirectly from your actions based on the Materials or any decisions you make based on the Services.

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 me of any such concerns and provide 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 me 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

Louise Carroll 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 the intellectual property of Louise Carroll 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 my 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. 

Louise Carroll may, in their sole discretion, decide to stop the Services for any reason including if they 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 the ability to perform the Services. In the event of such termination by Louise Carroll, 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 Louise Carroll.

LIMITATION OF LIABILITY AND INDEMNITY

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

The liability of Louise Carroll 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. 

The Client acknowledges and agrees that they use the Services at their own risk. In engaging the Services, the Client agrees they are liable for and agree to indemnify and hold Louise Carroll 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. 

The Client agrees that some Services may involve health or other personal and well-being management discussions. The Services and information should not replace discussions with qualified suitable healthcare professionals where relevant to their condition and should not be used to diagnose or replace any professional treatment or management of any particular existing condition. All decisions about any treatment and management of any condition must be made with a relevant healthcare professional and the Client agrees and acknowledges that any reliance on any information, discussions or recommendations that may arise during the sessions, is done at their own risk. The Client is at all times responsible for their own physical health and emotional well-being. Louise Carroll recommends that any pre-existing condition be treated by a suitable medical professional and that any information provided by the Services is not to be relied on in substitution. 

In any case, Louise Carroll’s liability is limited at all times to amount of the last invoice fees paid by the Client.

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 Queensland, Australia. Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of Queensland, Australia for determining any dispute concerning these Terms.