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Terms of Use

  1. Provision of Services
    1. In consideration for the Fee, the Supplier will provide the Customer with the Services with reasonable skill and care.
    2. Prior to the Services commencing, the Customer must:
      1. pay the Fee in full;
      2. provide the Supplier with a completed consent and intake form requested by the Supplier; and,
      3. complete any other requirements advised by the Supplier.
    3. The Customer will do all things reasonably required to enable the Supplier to deliver the Services in a timely fashion.
    4. The Customer acknowledges that:
      1. all booked appointments must be scheduled within 6 months of initial booking being made, unless agreed otherwise with the Supplier
      2. their outcomes and progress are entirely dependent on their own individual commitment and willingness to engage with the Supplier’s services;

  2. Cancellation Policy
    1. The Customer may cancel an appointment by giving the Supplier at least 24 hours written notice.
    2. If the Customer cancels an appointment and wishes to reschedule, the Supplier will endeavour to rebook the Customer for a mutually convenient resubstitute appointment. The Customer acknowledges that the Supplier’s availability may be limited by other commitments.
    3. The Customer acknowledges that they will not be entitled to a refund or credit for:
      1. unused sessions;
      2. no-shows; or,
      3. cancellations within 24 hours of the scheduled appointment.

  3. Breach and Termination
    1. The Supplier may charge interest on any amounts owed by the Customer at a rate of 10% per annum calculated daily.
    2. If the Customer breaches any of these terms, fails to pay the Fee, enters or threatens to enter into bankruptcy or other form of insolvency or administration, the Supplier may terminate this agreement by giving the Customer 7 days written notice.
    3. If the agreement is for provision of ongoing services, either party may terminate this agreement on 30 days written notice.
    4. If the agreement is terminated, the Supplier’s entitlement to be paid the Fee for unused sessions and Services provided prior to the date of termination survives.

  4. Limitation of Liability
    1. Except in the case of death or personal injury caused by the Supplier’s negligence, the liability of the Supplier under or in connection with this agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise must not exceed the Fee actually paid by the Customer to the Supplier.
    2. Any condition, warranty or guarantee given by the Supplier that would otherwise be implied in this agreement, is excluded to the maximum extent permitted by law.
    3. The Supplier’s liability for breach of a guarantee conferred by the ACL (other than sections 51 to 53 of the ACL) is limited to, as determined by the Supplier, the supply of the Services again, or payment of the cost of having the Services supplied again.
    4. The Supplier is not liable to the Customer in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.

  5. GST
    1. Unless expressly otherwise stated, all costs and charges of the Supplier are exclusive of Goods and Services Tax (GST).
    2. If GST is payable, the Customer must pay an amount equal to the GST payable by the Supplier promptly on receipt of a valid tax invoice.

  6. Force Majeure
    1. Neither party to the other if they are unable or are delayed in fulfilling their obligations under this agreement for reasons outside their reasonable control, save for payment of the Fee.
    2. In this circumstance, the parties must confer to decide how best to resolve the situation.
    3. In these circumstances continue for more than thirty (30) days, either party may terminate this agreement by written notice to the other.

  7. General
    1. No failure or delay by the Supplier in exercising any right, power or privilege under this agreement will impair the same or operate as a waiver of the same.
    2. No single or partial exercise of any right, power or privilege by the Supplier precludes any further exercise of the same or the exercise of any other right, power or privilege.
    3. The rights and remedies provided in this agreement are cumulative and not exclusive of any rights and remedies provided by law.
    4. The Supplier may vary these terms from time to time by written notice to the Customer.
    5. If any part of this agreement is prohibited by law or is unlawful, void or unenforceable, the provision will, to the extent required, be severed from this agreement and will not in any way affect any other circumstances of or the validity or enforcement of this agreement.
    6. This agreement may be executed in electronic format. Any notice under this agreement may be given electronically, including by e-mail.
    7. This agreement will be governed by interpreted in accordance with the laws of Victoria and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of that state.

  8. Definitions
    1. ACL means the Australian Consumer Law – Schedule 2 of the Competition and Consumer Act 2010 (Cth).
    2. Customer means the person who has engaged the Supplier.
    3. Fee means the amount advised by the Supplier as being the fee for the Services requested by the Customer.
    4. Services means counselling, mentoring or support services as requested by the Customer and accepted by the Supplier.
    5. Supplier means Katie Parker.

  9. Interpretation
    1. The singular includes the plural and vice versa and any gender includes any other gender.
    2. Headings are for convenience only and do not affect the interpretation of this agreement.
    3. Words importing persons includes firms, companies and corporations and vice versa.
    4. Any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or regulation made under that enactment.
    5. This agreement is not to be interpreted against the interests of a party merely because that party proposed this document or some provision of it or because that party relies on a provision of this document to protect itself.

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