Disclaimer:

The Business (Sacred Wholeness) is not a certified coach, practicing nurse (unregistered with AHPRA) or any other licenced medical professional. All information pertaining to anatomy, physiology, pharmacokinetics, pharmacodynamics and bioenergetics is solely for informational and educational purpose. The Business takes no responsibility for the safety and accuracy of the information shared in the sessions and the information provided is not intended to replace or substitute medical advice, diagnosis or treatment. Furthermore, The Business is not a trauma-informed counsellor and does not take on the role of a trauma-informed counsellor, counsellor or medical/health professional.

Service Commitments:

By consenting to the Terms & Conditions, The Client agrees to join the Zoom Call on time; have adequate WIFI to support the call; participate in the call; bring any concerns that arise during or following the call directly to The Business; refrain from public slander, deformation or spreading misinformation; acknowledge The Business as the source of information is utilising within a business or session space; adhere to all clauses outlined in the contract. The Client must be of sound body and mind. The Client must inform The Business of any mental illness or instability. It is at the discretion of The Business whether the parties work together. The Business will join the Zoom call punctually unless contacting The Client prior to notify of later commencement; facilitate the session to the highest level; no divulge any personal or private information collect in submission form, contract or through oral transmission; fulfil service description.

Confidentiality & Intellectual Property:

Both parties agree to not disclose any information shared during The Term. The parties must take good care to protect shared and personal information including but not limited to written emails, messages, voice notes and all orally transmitted data within sessions. The Business acknowledges the nature of the work cannot be owned but reserves the right to limit the use of the intellectual property being duplicated and utilised in The Client's business. Clients are not permitted to record sessions unless discussed with & agreed upon by The Business. Any recordings are subject to non-disclosure under this clause.

Refunds:

No refunds are available once partial or full payment is completed except under relevant circumstances including but not limited to i). emergency circumstances ii). financial hardship iii). incorrect booking. This is at the discretion of The Business communicated via email correspondence. Refunds are not available for change of mind or absence during scheduled session times.

Rescheduling & Cancellations:

The Client may cancel the call with 72 hours notice via email to sacredwholenessalchemy@gmail.com. The Business does not offer refunds unless the reason for cancellation is of an emergency nature. The option to reschedule the call will be offered. The Client is able to reschedule calls with 48 hours notice via email as outline above. If The Client reschedules several times or it is believed The Client is misusing or abusing the booking system, bookings will be restricted indefinitely. The Business reserves the right to cancel or reschedule bookings without notice in advance. All effort will be made to find another date and time that suits both parties. If this cannot be done The Business will discuss a refund

Indemnification:

The Client agrees to indemnify and hold harmless The Business, Jade McWilliam, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this agreement, and the cost of pursuing any insurance providers, incurred by the Indemnified Parties in connection with any claim arising out of or resulting from (i) any material breach of this Agreement by The Business, or (ii) the accuracy of the representation, warranty or covenants made by The Business in this agreement.

LIMITATION OF LIABILITY:

a). IN NO EVENT SHALL THE BUSINESS BE LIABLE TO CLIENT, WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION. STRICT LIABILITY AND NEGLIGENCE) FOR LOST PROFITS OR REVENUES, LOSS OR INTERRUPTION OF USE, LOST OR DAMAGED DATA. REPORTS, DOCUMENTATION OR SECURITY. OR SIMILAR ECONOMIC LOSS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SIMILAR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. b). THE BUSINESS DOES NOT GUARANTEE THAT DATA SUBMITTED THROUGH THE INTERNET WILL BE SECURE FROM UNAUTHORIZED ACCESS OR WILL BE FREE OF ERRORS OR OMISSIONS DUE TO THE INTERNET TRANSMISSION. NO ACTION REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT MAY BE BROUGHT BY THE CLIENT MORE THAN ONE (1)YEAR AFTER THE FIRST TO OCCUR OF (i)THE TERMINATION OR EXPIRATION OF THIS AGREEMENT OR (ii)THE EVENT GIVING RISE TO SUCH CAUSE OF ACTION. c.) THE CLIENT SHALL BE SOLELY RESPONSIBLE FOR, AND THE BUSINESS, SHALL HAVE NO RESPONSIBILITY FOR PAYMENT ITEMS DISPUTED BY THE CLIENT.

No Guarantees, Warranties or Representations:

The Business does not make any guarantees, warranties or representations of any outcome or its likelihood, verbally or written. The Client understands the high level of variability in this work due to its nature and accepts The Business' terms of provision of services.

Force Majeure:

No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Contract, for any failure or delay in fulfilling or performing any term of this Contract (except for any obligations to make previously owed payments to the other Party hereunder) when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”) that frustrates the purpose of this Contract: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Contract; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection; (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) other similar events beyond the reasonable control of the Impacted Party.

Arbitration:

Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.

Severability:

If any part, term or provision of this Contract is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular part, term or provisions held to be illegal or invalid.

Permitted Disclosure:

Confidentiality is waived by either Party under the event of or circumstances requiring mandatory reporting under the law, jurisdiction or relevant governing authority of either Parties location. The reporting Party will notify the other via written correspondence.