Terms & Conditions

These Terms and Conditions (Terms) govern your use of the website – www.mokshahealing.com – (Site) and the Services offered by MOKSHA GUIDANCE PTY LIMITED (ACN 654 134 237) (we, us, our), and form a binding contractual agreement between us, and you.

These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at silvana@mokshaguidance.com before engaging our Services.

Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into these Terms.

1. ACCEPTANCE OF TERMS

1.1. We will provide you with a copy of these Terms before you engage our Services, as listed on our Site (Services).

1.2. By paying any amount to us in respect to the Services or otherwise instructing us to proceed with the Services in writing, you acknowledge that you have read and understood the Terms and agree to be bound by them, and all our other policies.

2. VARIATIONS TO TERMS

2.2. We reserve the right, in our sole discretion, to vary, change or amend any part of these Terms.

2.3. In that event, we will provide notice of the variation by publishing the updated Terms on our Site.

2.4. The updated Terms will be taken to have effect on the date of publication.

2.5. Your continued use of our Services, and the Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.

2.6. Should you object or disagree to the Terms, your only remedy is to contact us at silvana@mokshaguidance.com and immediately discontinue your use of the Services.

2. VARIATIONS TO TERMS

2.2. We reserve the right, in our sole discretion, to vary, change or amend any part of these Terms.

3. FEES

3.1. The fees for our Services (Fees) are available on request via phone or email. .

3.2. All Fees for our Services are in Australian Dollars (AUD).

3.3. All Fees are inclusive of GST (if applicable) unless indicated otherwise, and exclude delivery charges and customs duty and other taxes, if applicable.

3.4. We reserve the right to modify, cancel and limit our Services at any time.

4. PAYMENTS

4.1. Bookings for sessions are made via phone or email and confirmation of a booking will be provided within 2 days of receipt, if not sooner.

4.2. We require that you pay for each session following receipt of our invoice, provided upon confirmation of your booking and before each session.

4.3. Our Fee for each session must be paid in full, before we provide our Services.

4.4. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

4.5. You must pay us all Fees and other amounts without set-off or claim under any circumstances, including if a dispute exists in relation to the Services provided.

5. GENERAL DISCLAIMER

5.1. See our Disclaimer and Waiver here.

6. YOUR OBLIGATIONS

6.1. Before you attend your session and engage our Services, you must complete the Medical Questionnaire, Disclaimer and any other forms provided to you, prior to your appointment.

6.2. You must provide accurate, complete and up-to-date information, as requested, and it is your responsibility to inform us of any changes to your information.

6.3. We may at any time request a form of identification to verify your identity.

6.4. You also agree to:

a) respond promptly to our communications in relation to the Services;

b) provide, within a reasonable amount of time, accurate, complete and current information or documentation reasonably required by us to perform the Services; and

c) act respectfully and in good faith.

d) When providing our Services, we may request that you provide us with responses, feedback, completed questionnaires and other information so we can best deliver our Services. You agree that you will provide any such information in a timely manner. Any delays in receiving this information may result in information not being provided by us to you.

e) To the extent that you provide personal information, we will treat such information strictly in accordance with our Privacy Policy.

7. CONFIDENTIALITY

7.1 Each party (Recipient) must keep secret and confidential and not disclose any Confidential Information (which is or has been disclosed to the recipient by the other party, its representatives or advisers), or these Terms, except:

a) where the information is in the public domain as at the date of these Terms (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on the Recipient);

b) if the Recipient is required to disclose the information by applicable law or the rules of any other document with statutory content requirements, provided that the Recipient has to the extent practicable having regard to those obligations and the required timing of the disclosure consulted with the provider of the information as to the form and content of the disclosure;

c) where the disclosure is expressly permitted under these Terms and Conditions or is required to give effect to these Terms and Conditions;

d) if disclosure is made to its personnel to the extent necessary to enable the Recipient to properly perform its obligations under these Terms and Conditions or to conduct their business generally, in which case the Recipient must ensure that such persons keep the information secret and confidential and do not disclose the information to any other person;

e) where the disclosure is required for use in legal proceedings regarding these Terms and Conditions; or

f) if the party to whom the information relates has consented in writing before the disclosure.

7.2 Each Recipient must ensure that its personnel comply in all respects with the Recipient's obligations under this clause.

7.3 Definitions

Confidential Information of a party means all information (in any form):

(i) relating to or arising from the Services;

(ii) that concerns that party’s business operations and which any reasonable person would consider to be of a confidential nature (such as trade secrets, methods, strategies, client lists, pricing, and other business processes); and

(iii) but does not include information that:

(iv) is or becomes independently developed or known by a party through no breach of these Terms by that party; or

(v) becomes publicly available, without breach of these Terms;

7.4. This clause survives termination or expiry of these Terms.

8. COPYRIGHT AND TRADE MARK NOTICES

8.1. All material on our Site including (but not limited to) templates, text, graphics, information architecture and coding, and any material provided to you in the course of providing our Services (Our Works), is subject to copyright. Modification, distribution or exploitation of Our Works is a violation of our copyright and other proprietary rights, and is strictly prohibited.

8.2 You acknowledge that you do not acquire any ownership rights by using the Site or Our Works.

8.3. The trade marks, logos, and service marks displayed on our Site to denote our brand are either registered or unregistered trade marks of us (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.

8.4. Nothing contained on our Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any our Marks without our express written permission.

8.5. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

8.6 This clause survives termination of these Terms.

9. SUSPENSIONS, CANCELLATIONS AND REFUNDS

9.1. We reserve the right to suspend or terminate your use of the Site or our Services in our sole discretion, including but not limited to, if you breach these terms, as determined by us.

9.2. If you wish to cancel a session and provide us with more than 24 hours notice, you are permitted to rebook your session.

9.3. If you wish to cancel a session and provide less than 24 hours notice, or do not show up to a session, you acknowledge and agree that a 50% cancellation fee applies. In other words, we will process a refund for you of 50% of the session fee and we will retain the remaining 50% as a cancellation fee.

9.4. Refunds are not provided for our Services, other than in accordance with the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act, 2010 (Cth).

9.5. Any refund requests will be assessed on a case-by-case basis.

10. DISCOUNTS, PROMOTIONS AND OFFERS

10.1. From time to time, we may offer the opportunity to purchase our Services at a discounted or promotional price, subject to these Terms.

10.2. Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published online from time to time on our Site.

11. LIABILITY IS LIMITED

11.1. We provide the Services on an "as is" basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by Law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by Law.

11.2. Without limiting the generality of clause 12.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our Services.

11.3. Subject to the other terms of this clause, our maximum aggregate liability owed to you in for any loss or damage or injury arising out of or in connection with the supply of our Services under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or the event giving rise to the claim.

11.4. The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.

11.5. If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Services or the payment of the cost of resupply.

11.6. Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.

11.7. This clause applies to the fullest extent permitted by Law and shall survive termination of these Terms.

12. YOUR INDEMNITY

12.1. You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:

a) your use of our Services;

b) any claim made against us or you by a third party arising out of or in connection with the provision of our Services and/or these Terms;

c) any breach of these Terms by you, including any failure to pay any fees on time;

d) any reliance by you or a third party on our Services or any advice or information provided in connection with the provision of our Services and/or these Terms; and

e) the enforcement of these Terms.

12.2. You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.

12.3. We are not responsible, and expressly limit our liability to the extent permitted by law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site or by engaging our service.

12.4. This clause survives the termination of this agreement.

13. NO DISPARAGEMENT

13.1. At all times, you must not make any public or private statement or comment, whether oral or in writing by any method, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of our business or is in any respect a disparaging remark or representation about us and/or any of our Services.

13.2. Should you breach this clause, you hereby indemnify us in accordance with clause 13 above.

14. FORCE MAJEURE

14.1. We will not be in breach of these Terms or liable to you for any Loss incurred by you as a direct result of our failing or being prevented, hindered or delayed in the performance of our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.

14.2. If a Force Majeure Event occurs, we will notify the you (Non-affected Party) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.

14.3. On providing the notice in the above clause 15.2, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.

14.4. The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.

14.5. References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):

a) strikes, lock-outs or other industrial action;

b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;

d) epidemic, pandemic, health emergencies, disease;

e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

f) interruption or failure of utility Services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and

g) the acts, decrees, legislation, regulations or restrictions of any Government Agency;

however does not include a lack of funds.

14.6. References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).

15. LINKED WEBSITES, AFFILIATES OR SPONSORS

15.1. Any links to other websites on our Site, which are not operated by us are not controlled by us and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service contained within each such site.

15.2. As affiliates of certain Services we may also receive compensation for recommending, endorsing or promoting Services as featured on our Site or in the course of delivering our Services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those Services which are not our own.

15.3. We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain Services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored Services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted Services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.

16. SEVERABILITY

16.1. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

17. NO ASSIGNMENT

17.1. You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.

17.2. We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.

18. SUB-CONTRACTING

18.1 We are free to sub-contract any of our obligations under these Terms, but such sub-contracting will not release us from our liabilities under these Terms.

19. BINDING ON SUCCESSORS

19.1 These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

20. DISPUTE RESOLUTION

20.1. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.

20.2. Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

20.3. In the case of claims against us, all notices are to be provided to silvana@mokshaguidance.com.

20.4. If the dispute is not resolved by agreement within 5 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 5 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

20.5. Once a mediator is appointed, the parties agree that:

The costs of the mediator shall be borne equally between the disputing parties.
The chosen mediator shall determine the procedures for mediation.
The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

20.6. If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

20.7. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

20.8. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.

20.9. This clause survives termination of these Terms.

21. APPLICABLE LAW

21.1. These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales, Australia to determine any matter or dispute which arises between us.

22. YOUR FEEDBACK

22.1. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our Privacy Policy for further details.

22.2. If you have questions or comments regarding this Site or our Services, please email us at silvana@mokshaguidance.com.