disclaimer & waiver
1. APPLICATION
1.1. This Disclaimer and Waiver applies to the provision of Services, as defined in clause 1.1 of our Terms and Conditions, by MOKSHA GUIDANCE PTY LIMITED (ACN 654 134 237) (we, us, our) to you. By paying for, or otherwise communicating to us that you wish to proceed with the Services, you agree to this Disclaimer and Waiver, our Terms and Conditions and Privacy Policy.
1.2. For the purposes of this Disclaimer and Waiver:
a) Claim means claim, cross-claim, causes of action, notice, demand, direction, accounts, costs (including legal costs and expenses), charges, expenses, arbitrations, debts, dues, liabilities, order for costs (whether taxed or untaxed), damages, losses, actions, suits, obligations, sums of money, proceedings, litigation, investigation or judgment, claims and demands either at law or in equity and/or arising under a statute; and
2. MEDICAL DECLARATION
2.1. You confirm that you have completed our Medical Questionnaire and any applicable Covid-19 safe questionnaire.
2.2. You acknowledge and agree that if you have a serious pre-existing mental illness or are currently taking medication for a mental condition, we may not be able to provide our Services to you, however we will assess on a case by case basis.
2.3. You declare that after careful consideration you are not subject to any pre-existing mental condition, or treatment that may render you unsuitable for participation in the Services.
3. GENERAL DISCLAIMER
3.1. We provide our Services on an "as-is" and "as available" basis and whilst every effort is taken to ensure the information provided is accurate, we make no representations and give no guarantees or warranties about the suitability, reliability, availability, timeliness and/or accuracy the information provided by us or our Services in general.
3.2. None of the Services provided by us are a promise or guarantee of results or an improvement in your general health and wellbeing.
3.3. You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your engagement of the Services.
3.4. Any testimonials and examples of our Services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.
3.5. We make no warranty, representation, or guarantee regarding the suitability of our Services for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of any Service. It is your responsibility to independently determine suitability of any Service and to test and verify the same.
3.6. Any information, any documents, any guidelines or recommendations made by us in relation to our Services are made on the basis of information that was available to us at the time.
4. SERVICE SPECIFIC DISCLAIMER
4.1. You warrant that you are of sound mind when you accept this Disclaimer and Waiver and have the capacity to accept full responsibility for assessing whether our Services are right for you.
4.2. Due to the nature of our Services, we operate in an unregulated industry which is not governed by any industry codes relating to our Services in Australia and we make no representation that we are health practitioners, registered medical professionals or accountable to any association of professionals. You are strongly encouraged to consult with a health practitioner about any health issues you may have as we are not able to provide those services. We cannot provide any health or medical advice.
4.3. We do not purport to diagnose or treat health conditions but will use our Services to propose possibilities for improving your health and wellbeing.
4.4. In the event you provide us with personal health information, such as information relating to a physical or mental health condition, the provision of our Services:
a) shall not involve or constitute professional advice;
b) will not constitute a doctor-patient relationship between you and us; and
c) shall not be a replacement or substitute for advice from a medical professional, which should be obtained from the relevant medical professional.
4.5. All our Services are intended for providing general assistance to your general wellbeing only and does not, nor is not intended to, constitute professional advice.
4.6. If you have a mental health condition, you should always consult with your health professional before engaging our Services.
4.7. You acknowledge that any employee or representative of ours is not acting as a medical professional and you will not use our Services as a substitute for such clinical health care.
4.8. You have made us aware of any pre-existing conditions or other relevant personal circumstances that may affect the provision of our services and warrant that you have answered all our medical questionnaires truthfully and accurately. You acknowledge that we will be relying on your disclosures in order to provide our Services.
4.9. We do not provide specific psychological, medical, legal, financial, business or other advice, and our Services are intended for general education and information purposes only. You should not rely on the information provided by us as a substitute for professional advice.
4.10. Your personal and business development may be a gradual process and it may take a number of sessions with us in order to achieve your desired results.
4.11. We provide support and guidance and tools for you to improve your general health and wellbeing, set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.
4.12. You confirm that any information you have provided us is true and correct in relation to your medical history and any existing mental health conditions you have, and if required by us, have obtained or will obtain medical advice from your health care professional or appropriate medical professional, prior to participating in our Services, to ensure our Services are right for you, noting that if you have a serious mental condition or are taking medication for a mental condition, then we may not be able to provide our Services.
5. WAIVER AND RELEASE OF LIABILITY
5.1. To the extent permitted by Law and in consideration of being permitted to participate in our Services, you agree that you will not make, take or seek any Claim against MOKSHA GUIDANCE PTY LIMITED (ACN 654 134 237) and its officers, employees, agents, and independent contractors (all collectively referred to as “the Releasees”) arising directly or indirectly out of or in connection with your participation in our Services and you unconditionally and irrevocably forever waive, release, acquit, covenant not to sue, and discharge the Releasees from and against any loss, liability, cost (including all legal costs and expenses on an indemnity basis), expense, damage, charge, penalty, outgoing or payment, however arising and whether present, unascertained, future or contingent and includes indirect and consequential loss (Loss) arising directly or indirectly out of or in connection with your participation in our Services.
5.2. Without limiting the above, you acknowledge and agree that in the event that you are injured, you will bring no Claims, legal or otherwise, against the Releasees in respect of that injury or damage and you hold the Releasees harmless.
5.3. You agree to release, waive, acquit and forever discharge the Releasees from all Claims (including, but not limited to, claims for negligence, breach of contract or breach of statute), or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by the Releasees, as a result of the advice given by us or otherwise resulting from the Services provided by us.
5.4. You agree to hold harmless and indemnify the Releasees from any and all Claims made against or Loss suffered by the Releasees, which arises directly or indirectly as a result of or in connection with your participation in our Services.
5.5. This Disclaimer and Waiver shall bind your heirs, executors, personal representatives, successors, assigns, and agents.
5.6. This Disclaimer and Waiver operates jointly and severally in favour of the Releasees. © Progressive Legal Pty Ltd (ACN 607 068 708) trading as Progressive Legal (2021). All Rights Reserved. This document was last updated 12.11.2021.
6. ACKNOWLEDGEMENT OF UNDERSTANDING
6.1 You acknowledge that you have read this Disclaimer and Waiver and fully understand its terms. You acknowledge you are 18 years or over, or, if you are under 18 years of age, your parent or guardian agrees to the ‘Declaration for Minors’, under clause 7. You or your parent or guardian, if relevant, understand(s) that you are giving up substantial rights. You further acknowledge that by participating in the Services you agree to this Disclaimer and Waiver freely and voluntarily.
7. DECLARATION FOR MINORS AND MEDICAL RELEASE
7.1. If you are under 18 years of age on the day this declaration is acknowledged and accepted, the declaration must be acknowledged and accepted by your parent or guardian.
7.2. I warrant and certify that I am the parent or guardian of the child ___________________ (Insert Name) wishing to participate in the Services (“My Child”) who is under 18 years of age and that he/she has my consent and is capable of participating in the activities involved in the Services. I confirm that I have read and understand the above Disclaimer and Waiver and that I agree, on behalf of My Child, to be bound by each of those conditions and having done so, I acknowledge and accept voluntarily.
Signature:
Date:
Name:
Capacity (if applicable):