TERMS & CONDITIONS

HOLISTIC HEALTH & WELLBEING
JODEE MARQUES, THE HOLISTIC THERAPIST

WEBSITE TERMS & CONDITIONS

1. ABOUT THE WEBSITE

1.1. Welcome to www.jodeemarques.com (Website). The Website provides you with an opportunity to browse and purchase services (Services), programs and courses (Products) that have been listed for sale through the Website, and to access and download free content (Free Content). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).

1.2. The Website is operated by Empowerment Now Pty Ltd (abn: 58231472694) atf the Marques Wellbeing Trust t/a Holistic Health & Wellbeing of 2-4 Lansell Street, Wanniassa, ACT 2903 (Holistic Health & Wellbeing). Access to and use of the Website, or any of its associated Services, is provided by Holistic Health & Wellbeing. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3. Holistic Health & Wellbeing reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. ACCEPTANCE OF THE TERMS

2.1. You accept the Terms by remaining on the Website.

3. BOOKINGS

3.1. Holistic Health & Wellbeing requires all bookings for initial appointments for counselling/coaching services for new clients to be made via the booking system available on the website (Booking System).

3.2. If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the terms and conditions of use, privacy policy and other relevant legal documentation provided by the Booking System.

3.3. The full appointment fee (Fee) is required to be paid at the time of booking your initial appointment. Holistic Health & Wellbeing will issue you with an Invoice in due course afterward

3.4. You are responsible for paying the Fee at the time of each appointment for all further appointments.

3.5. You will be unable to book further appointments if the Fee is not paid in full.

3.6. Holistic Health & Wellbeing reserves the right to request payment of the Fee prior to the appointment.

3.7. Holistic Health & Wellbeing will provide you with a separate set of terms and conditions that will set out the terms for the services you receive.

4. BOOKING CANCELLATIONS

4.1. If you need to cancel your appointment you agree to provide at least 48 hours notice to cancel or reschedule an appointment.

4.2. Short-notice cancellations of less than 48 hours, and any failure to attend an appointment will result in you being charged a cancellation fee of 100% of the appointment fee.

4.3. If you have booked a video appointment, but you do not login at the time of your consultation, Jodee Marques will make two attempts to contact you by phone or text message in the first 15 minutes of your appointment. If Jodee Marques are unable to reach you in this time, Jodee Marques will consider this a failure to attend and charge you for the appointment.

5. PURCHASE OF PRODUCTS

5.1. In using the Purchase Services to purchase the Products through the Website, you will agree to the payment of the purchase price listed on the Website (Purchase Price).

5.2. Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers)

5.3. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable.

5.4. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.

5.5. Following payment of the Purchase Price being confirmed by Holistic Health & Wellbeing, you will be issued with a receipt to confirm that the payment has been received and Holistic Health & Wellbeing may record your purchase details for future.

5.6. In the event that any payment under these Terms is not made in full on the due date, Holistic Health & Wellbeing is entitled to charge you interest at the rate of 5% per annum, calculated daily.

5.7. You agree that if you default on any payments due and payable under this agreement, including a payment plan, the full balance will become due and payable on the date of default, and any costs incurred by Holistic Health & Wellbeing for steps taken to enforce payment terms will be recoverable and payable by you.

6. CANCELLATION OF PRODUCTS

6.1. You must notify Holistic Health & Wellbeing of an intention to cancel your involvement in the Products Product as soon as practicable through e-mail to info@hhwb.com.au and abide by the following cancellation policy (Product Cancellation Policy).

6.2. The Products are non-refundable. This means that if you wish to terminate your involvement in the Products early all unpaid amounts of the Purchase Price are non-refundable. Where applicable if you are unable to attend a group session, you will not be provided with a refund.

6.3. For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate early, Holistic Health & Wellbeing reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Services or Product will be revoked.

6.4. Holistic Health & Wellbeing may change the Product Cancellation Policy at any time without notice with and purchases made in advance of the change will not be affected.

6.5. Holistic Health & Wellbeing reserves the right to terminate your involvement in any Products for breach of these Terms with 7 days’ notice by e-mail.

6.6. If Holistic Health & Wellbeing terminates the Services or Product, you agree to pay Holistic Health & Wellbeing for the portion of the Product completed up to the date and time of termination.

7. DELIVERY OF PRODUCTS AND LICENSE INFORMATION

7.1. Each purchase of the Products grant you access to the program or course through the Membership Portal utilised from time to time and made available to you (the ‘Membership Portal’).

7.2. When you purchase a Product, Holistic Health & Wellbeing grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Services or Products and any related software, content, equipment or other materials for your specific, non-commercial-use-only (Licence).

7.3. The Licence is valid for the term of the Product, or as otherwise outlined in the relevant program or course terms and conditions on the Website (Licence Term). This means the Product will be viewable via the download link for the Licence Term only.

7.4. The Product are intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental services materials, booklets, and access to any other aspect of the Product.

8. COPYRIGHT AND INTELLECTUAL PROPERTY

8.1. The Website, the Services and all of the related products of Holistic Health & Wellbeing are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Holistic Health & Wellbeing or its contributors.

8.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Holistic Health & Wellbeing, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in your device's cache memory; and

8.3. Holistic Health & Wellbeing does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Holistic Health & Wellbeing.

8.4. Holistic Health & Wellbeing retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you.

8.5. You may not, without the prior written permission of Holistic Health & Wellbeing and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9. PRIVACY

9.1. Holistic Health & Wellbeing takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Holistic Health & Wellbeing's Privacy Policy, which is available on the Website.

10. USER GENERATED CONTENT

10.1. If you choose to contribute any content to the Website or any other platform operated by Holistic Health & Wellbeing, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).

10.2. By contributing content to the Website, you grant Holistic Health & Wellbeing a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Holistic Health & Wellbeing.

10.3. Additionally, if you post Your Content with any personal information including identifying information such as location or name, you agree Holistic Health & Wellbeing can use that information with Your Content for advertising and promotional purposes, or any other business purpose.

10.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Holistic Health & Wellbeing social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have the permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Holistic Health & Wellbeing. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

10.5. Please ensure you keep your own copies of Your Content as Holistic Health & Wellbeing may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

10.6. Holistic Health & Wellbeing will endeavour to provide you with an appropriate credit when using Your Content on Holistic Health & Wellbeing platforms, though you understand and agree this may not always be possible.

10.7. Holistic Health & Wellbeing reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

11. MAILING LIST AND SMS REGISTRATION

11.1. You will be given the option to register for the Holistic Health & Wellbeing Mailing List (the 'Mailing List') and SMS List (the ‘SMS List’).

11.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) Email address

(b) Name and residential address

(d) If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from Holistic Health & Wellbeing.

12. GENERAL DISCLAIMER

12.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

12.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) Holistic Health & Wellbeing will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

12.3. Use of the Website, the Purchase Services and any Products is at your own risk. Everything on the Website and the Purchase Service and Products are provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Holistic Health & Wellbeing make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Holistic Health & Wellbeing) referred to on the Website, includes

(but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products of Holistic Health & Wellbeing; and

(d) the Purchase Services or operation in respect to links which are provided for your convenience.

13. WARRANTY

13.1. The Products do come with guarantees that cannot be excluded under the Australian Consumer Law.

13.2. For major failures with the Products, you are entitled to cancel this Agreement with Holistic Health & Wellbeing, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

14. DISCLAIMER

14.1. You agree that when you access the Free Resources and any Products you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Jodee Marques's/Holistic Health & Wellbeing’s relationship with you, its educational materials and interactions with you. As such, you agree that Jodee Marques/Holistic Health & Wellbeing is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Free Resources or Products it provides.

14.2. You understand that the Free Resources and Products are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Free Resources and Products are not to be used as a substitute for counselling, professional psychology, psychiatric, medical and/or mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.

15. INFORMATION DISCLAIMER

15.1. Any free downloads, information, documentation, tools, social media links or other content provided on the Website, in the Free Resources or through the Purchase Services or Products does not constitute professional psychological or medical advice and are provided for general information and illustrative purposes only. Holistic Health & Wellbeing recommends you seek independent psychological or medical advice prior to relying on any information or documentation provided on the Website. Holistic Health & Wellbeing will not be liable in any way for your use of, or reliance upon, the information or documents contained on the Website or within the Purchase Services.

15.2. All care is taken in the preparation of the information and published materials on the Website and within the Free Resources, Products, social media accounts, blog, or on any other related platform. Holistic Health & Wellbeing does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

15.3. To the extent permissible by law, Holistic Health & Wellbeing will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website and within the Free Resources, Products, social media accounts, blog, or on any other related platform.

16. LIMITATION OF LIABILITY

16.1. Holistic Health & Wellbeing's total liability arising out of or in connection with the Purchase Services, the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the services or Products to you.

16.2. You expressly understand and agree that Holistic Health & Wellbeing, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

17. INDEMNITY

17.1. You agree to indemnify Holistic Health & Wellbeing, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your interaction with the Website;

(b)any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

18. VENUE & JURISDICTION

18.1. The Services offered by Holistic Health & Wellbeing is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of the Australian Capital Territory.

19. GOVERNING LAW

19.1. The Terms are governed by the laws of the Australian Capital Territory. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of the Australian Capital Territory, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

20. INDEPENDANT LEGAL ADVICE

20.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

21. SEVERANCE

21.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

COURSE & PROGRAM TERMS & CONDITIONS

These Terms are read in conjunction with the information on the relevant Course or Program Information Page (‘Information Page’) of the website www.jodeemarques.com (Website).

1. Parties

You are the Client, and your details are set out on the Booking Page of the Website.

AND

Empowerment Now Pty Ltd (abn: 58231472694) atf the Marques Wellbeing Trust t/a Holistic Health & Wellbeing of 2-4 Lansell Street Wanniassa ACT 2903 (Holistic Health & Wellbeing).

Holistic Health & Wellbeing offers online and digital programs and courses (Course or Program) in a hybrid of self-paced and group settings, tailored to client needs and requirements, over various periods as stated on the relevant Information Page (the Services). You have engaged Holistic Health & Wellbeing to provide the Services.

1. THE ENGAGEMENT

1.1.Holistic Health & Wellbeing agrees to provide the Services for You, for the Fee, Terms and where applicable on the Date/s as set out on the Information Page or agreed to in writing by the parties.

1.2.You will either be granted immediate access to the Services, or where applicable Holistic Health & Wellbeing agrees to commence the Services on the Commencement Date, upon acceptance of these Terms and Conditions and upon payment of the required Fee by You.

1.3.Where applicable the Commencement Date is outlined on the Information Page.

1.4.Both Parties agree that the Services will be provided online.

1.5.Holistic Health & Wellbeing will only provide you with a refund for the Services in the event it’s unable to continue to provide the Services (Refund).

2. FEE

2.1 You agree to pay Holistic Health & Wellbeing the Fee as set out on the Information Page.

2.2 The Fee payable to Holistic Health & Wellbeing to perform the Services may be adjusted from time to time as agreed by the Parties in writing on account of changes in relation to the nature of the Services to be Performed by Holistic Health & Wellbeing.

2.3 You agree to make Payment of the Fee via the Website, by the due date of your respective payment option.

2.4 In the event that any payment under these Terms is not made in full on the due date, Holistic Health & Wellbeing is entitled to charge You interest at the rate of 5% per annum, calculated daily.

2.5 You agree that if you default on any payments due and payable under these Terms, including a payment plan, the full balance will become due and payable on the date of default, and any costs incurred by Holistic Health & Wellbeing for steps taken to enforce payment terms will be recoverable and payable by you.

2.6 Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable.

3. CANCELLATION AND TERMINATION

3.1 You must notify Holistic Health & Wellbeing of an intention to cancel the Services as soon as practicable through e-mail to info@hhwb.com.au and abide by the following cancellation policy (Cancellation Policy).

3.2 The Services are non-refundable. This means that if you wish to terminate the Services early, all unpaid amounts of the Purchase Price are non-refundable. If you are unable to attend a group session, you will not be provided with a refund.

3.3 For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Services early, Holistic Health & Wellbeing reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Services will be revoked.

3.4 Holistic Health & Wellbeing may change the Cancellation Policy at any time without notice and bookings made in advance of the change will not be affected.

3.5 Holistic Health & Wellbeing reserves the right to terminate your involvement in the Services for breach of these Terms with 7 days’ notice by e-mail.

3.6 If Holistic Health & Wellbeing terminates the Services, you agree to pay Holistic Health & Wellbeing for the portion of the Services completed up to the date and time of termination.

4. DELIVERY OF SERVICES AND LICENSE INFORMATION

4.1 Each purchase of the Services grants you access to the program or course through the Membership Portal utilised from time to time and made available to you (Membership Portal).

4.2 Upon purchasing the services you acknowledge and agree that zoom sessions will be recorded and the recordings will be made available to all participants for the life of the relevant Course or Program.

4.3 When you purchase a Service, Holistic Health & Wellbeing grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Services and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).

4.4 The Licence is valid for the term of the Services, or as otherwise outlined in the relevant program or course terms and conditions (Licence Term). This means the Services will be viewable via the download link for the Licence Term only.

4.5 The Services are intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Services materials, booklets, and access to any other aspect of the Services.

5. WARRANTY PERIOD FOR THE SERVICES

5.1 Holistic Health & Wellbeing will use its best efforts and take all reasonable steps to support you to work towards achieving your desired results. However, Holistic Health & Wellbeing makes no warranty that the Services will meet your requirements or that all participants will achieve the same results.

5.2.The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel these Terms with Holistic Health & Wellbeing, and you are entitled to a refund for the unused portion. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

6. DISCALIMER

6.1 You agree that when you access the Services you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Holistic Health & Wellbeing’s relationship with you, its educational materials and interactions with you. As such, you agree that Holistic Health & Wellbeing is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services it provides.

6.2 You understand that the Services are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Services are not to be used as a substitute for professional counselling, psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.

7. LIABILITY AND WAIVERS

7.1 Liability

Holistic Health & Wellbeing’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

7.2 Waivers

a) A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

(b) The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.

8. DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION

8.1 All obligations of confidentiality set out in these Terms continue in full force and effect after completion of services.

8.2 Holistic Health & Wellbeing will not disclose any Confidential Information to any third party without your prior consent.

8.3 These Terms prohibit the disclosure of Confidential Information by Holistic Health & Wellbeing with exception to the following circumstances:

(a) the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms has consented to the disclosure of such information to the professional adviser;

(b) the disclosure is required by applicable law or regulation; or

9. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

9.1 Intellectual Property Rights

(a) You agree that any works, items, materials or information of whatever nature produced or developed by Holistic Health & Wellbeing or under Holistic Health & Wellbeing's direction pursuant to or in the course of providing the Services will remain the sole and complete property of Holistic Health & Wellbeing, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).

(b) If You have fully complied with these Terms and if the works, items, materials or information referred to in clause 9.1(a) above have been produced by Holistic Health & Wellbeing as part of the Services, Holistic Health & Wellbeing grants to You a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the Commencement Date.

(c) There is no assignment of Intellectual Property Rights by Holistic Health & Wellbeing to You pursuant to these Terms.

(d) Nothing in these Terms affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms.

9.2 Indemnification

You hereby indemnify and agree to keep indemnified Holistic Health & Wellbeing against all liability, losses or expenses You incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.

10. FORCE MAJEURE

10.1 If circumstances beyond Holistic Health & Wellbeing’s control prevent or hinder her from providing the Services, Holistic Health & Wellbeing is free from any obligation to provide the Services while those circumstances continue. Holistic Health & Wellbeing may elect to terminate these Terms or keep the Terms on foot until such circumstances have ceased.

10.2 Circumstances beyond Holistic Health & Wellbeing’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

10.3 For the sake of clarity, if in Holistic Health & Wellbeing’s reasonable opinion, the provision of the Services will be affected by the COVID-19 Pandemic, Holistic Health & Wellbeing may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Holistic Health & Wellbeing will not be liable for any losses or damage due to a COVID-19 pandemic. If You choose to terminate an agreement due to a COVID-19 pandemic, clause 4 will apply.

11. DISPUTE RESOLUTION & MEDIATION

We hope that a dispute between us does not arise, however in the unlikely event that it does, the following clause will apply.

11.1 If a dispute arises out of or relates to the terms of these Terms, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

11.2 A party to these Terms claiming a dispute (the Dispute) has arisen under the terms of these Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the Notice).

11.3 On receipt of the Notice by the other party, the parties must within 7 days from the date the Notice was served, attempt in good faith to resolve the Dispute as expeditiously as possible, including by negotiation or such other means upon which they may mutually agree.

11.4 If for any reason whatsoever, 21 days after the date the Notice was served, the Dispute has not been resolved the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of the Australian Capital Territory.

11.5 It is agreed that mediation will be held in the Australian Capital Territory, with the venue to be agreed.

11.6 The parties agree to be equally liable for the Fee and reasonable expenses of a mediator and the cost of the venue of the mediation and undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation.

11.7 All communications concerning negotiations made by the parties arising out of and in connection with this clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.

11.8 In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute.

12. NO PARTNERSHIP OR AGENCY

Nothing contained or implied in these Terms will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

13. GOVERNING LAW & JURISDICTION

These Terms are governed by the laws of the Australian Capital Territory. In the event of any dispute arising out of or in relation to the Services, Holistic Health & Wellbeing agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in the Australian Capital Territory.

14. SEVERANCE

Any provision of these Terms which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provisions in any other jurisdiction.

15. ENTIRE AGREEMENT AND MODIFICATIONS

Both You and Holistic Health & Wellbeing confirm and acknowledge that these Terms, the Booking Page and Information Page of the website constitute the entire agreement between You and Holistic Health & Wellbeing and shall supersede and override all previous communications, either oral or written, between the parties.