TERMS AND CONDITIONS

SERENITY MINDFULNESS & COUNSELLING SERVICES PTY LTD

1. Acceptance

1.1. Welcome to Serenity Mindfulness & Counselling Services! We offer a range of counselling and meditation services, including one-on-one mindfulness therapy, meditation coaching, personal and relationship counselling, group sessions, retreats, workshops and courses, and other services as described on our website (Services).

1.2. You accept these terms and conditions (Terms) by making payment of the Price, booking an appointment for Services, signing these Terms, or by ticking a box online indicating your acceptance of these Terms.

1.3. In these Terms, we, our or us means Serenity Mindfulness & Counselling Services Pty Ltd ABN 37 648 112 538.

2. Bookings and payment

2.1. Our website sets out in more detail the Services we offer, including the categories, duration and frequency of the appointments and sessions we provide as part of our Services. You may choose to book our Services online, or you may contact us via phone or email to book our Services.

2.2. You may choose to create an account which allows you to save your order and appointment history, as well as invoices. You must not reveal your login details to any other person.

2.3. To help you decide which Services are right for you, we may offer you a complimentary 15-minute consultation; please contact us to arrange this appointment.

2.4. Where you wish to book online, you may select your chosen Services and choose from available dates and times. To book our Services online, you agree to pay us the price for the Services set out on our website (Price) at the time of booking. It is your responsibility to check the inclusions, price, date and time of the Services you are purchasing, before you purchase our Services.

2.5. Our Services take place in person and via video call. If you cannot attend an in-person appointment, please contact us at least 24 hours before the appointment to arrange to attend via a video call.

2.6. All amounts are stated in Australian dollars and any applicable GST will be set out separately. We offer payment via our third party payment processors, Square, PayPal & Afterpay. By making payment through our third party payment processors, you may be required to accept their respective terms and conditions. Please note our payment processors may change from time to time.

2.7. Where you have not paid the Price upfront, you must pay the Price at the end of your appointment. We will allow you to make payment by credit card or electronic funds transfer. If any payment is not made in accordance with these Terms, we may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with these Terms.

3. Cancellations and refunds

Cancellation or rescheduling by you

3.1. You may cancel or reschedule your appointment by emailing us or calling us. Your appointment will not be cancelled or rescheduled until we provide confirmation of the cancellation or reschedule in writing.

3.2. You may only reschedule your online appointment at least 24 hours before the start time of your appointment, and (subject to our availability), you must reschedule to a date within 5 days of the original appointment. Where you wish to reschedule within 24 hours of your appointment start time, this will be considered a cancellation and clause 3.5(c) will apply.

3.3. You may only reschedule your in-person appointment at least 48 hours before the start time of your appointment, and (subject to our availability), you must reschedule to a date within 5 days of the original appointment. Where you wish to reschedule within 48 hours of your appointment start time, this will be considered a cancellation and clause 3.6(b) will apply.

3.4. With respect to clauses 3.2 and 3.3, we acknowledge that there may be extenuating circumstances, so we may apply some leniency here.

3.5. Where you cancel your online appointment:

(a) more than 5 days before your appointment, we will refund you 100% of the Price paid for the appointment;

(b) between 2-5 days before your appointment, we will refund you 90% of the Price paid for the appointment; and

(c) within 48 hours of the start of your appointment, we will not refund the Price paid for the appointment. Where you have not paid the Price upfront, we will invoice you for, and you must pay us, the Price for the appointment, within the timeframe specified in the invoice.

3.6. Where you cancel your in-person appointment:

(a) more than 14 days before your appointment, we will refund you 100% of the Price paid for the appointment; and

(b) less than 14 days before your appointment, we will not refund the Price paid for the appointment. Where you have not paid the Price upfront, we will invoice you for, and you must pay us, the Price for the appointment, within the timeframe specified in the invoice.

3.7. You acknowledge that these cancellation fees are a genuine pre-estimate of our loss, as we reserve appointments for you, and may specifically book spaces to hold your appointment, and your late cancellation may mean we cannot re-book another client for that timeslot.

3.8. We generally do not provide refunds where you do not attend an appointment, or where you need to cancel workshops or courses part way through. However, we acknowledge that there may be extenuating circumstances, so we may apply some leniency here.

Cancellation or rescheduling by us

3.9. Due to unforeseen circumstances such as illness or a pandemic or government enforced lockdowns or shutdowns, you acknowledge that we may need to reschedule appointments. Where we need to reschedule an appointment, we will notify you at our earliest convenience and we will reschedule to within a reasonable timeframe.

4. Your obligations

4.1. Accurate information: You agree that all information you provide to us is accurate, up-to-date and complete.

4.2. No reliance: You represent, warrant, acknowledge and agree that you have not relied on any representations or warranties made by us in relation to the Services (including as to whether Services are or will be fit or suitable for your particular purposes, or that you will achieve any particular result from receiving the Services), unless expressly stipulated in these Terms.

4.3. Start time: You agree to attend appointments (whether in person or online) at the agreed start time and at the agreed location (if any).

4.4. Illness: You agree that you must attend an appointment online if you are unwell, or suffering from a notifiable infectious or communicable disease as identified by the health department in Victoria. We may require that you provide a health certificate confirming that you are not suffering from an infection or communicable disease.

4.5. Emergencies: We may be required to act if there is an emergency including, but not limited to, calling an ambulance. Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any costs that we may incur arising from or in connection with the emergency.

5. Intellectual property

5.1. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to our resources including our written content, videos, webinars, seminars, guides, tools, tips and email communication with us or other materials (including in connection with the Terms, our website and our Services) (Content) will at all times vest, or remain vested, in us.

5.2. We give you a limited, revocable, non-transferable, non-sublicensable licence to use, for your personal use, the Content we provide to you as part of our website or our Services.

5.3. This clause will survive termination of these Terms.

6. Limitations

6.1. Despite anything to the contrary, to the maximum extent permitted by law:

(a) our maximum aggregate liability arising from or in connection with the Terms will be limited to, and must not exceed, the portion of the Price paid by you to us; and

(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

6.2. Despite anything to the contrary, to the maximum extent permitted by law, and without excluding your Statutory Rights, we will not be liable for, and you waive and release us from and against any liability or loss caused or contributed to by, arising from or connected with:

(a) your acts or omissions, including any information, documentation, instructions, specifications or directions given by you;

(b) any use of the Services by a person other than you, or other than as reasonably contemplated by these Terms;

(c) any works, services, goods, materials or items which do not form part of the Services (as expressed in these Terms), or which have not been provided by us;

(d) any third parties or any goods and services provided by third parties;

(e) any event outside of our reasonable control; or

(f) your failure to receive any specific outcome or benefit with respect to our Services.

6.3. This clause will survive termination of these Terms.

7. Australian Consumer Law

7.1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our Services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms attempts to exclude, restrict or modify your Statutory Rights as a consumer under the ACL. Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

8. Collection Notice

8.1. We collect personal information about you in order to provide you with our Services (e.g. your name, email address, phone number and any personal and health information you choose to share with us), to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy. If you do not provide this information, we may not be able to provide our Services to you.

8.2. We may disclose certain information to third parties, including our personnel (including employees and contractors), service providers who help us deliver our website including information technology service providers, data storage, web hosting and server providers, professional advisors, payment systems operators and our business partners or as required by law. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

8.3. We also have professional and ethical mandatory reporting requirements. We are required by law to report certain issues concerning the welfare or safety of our clients, including any risk of serious harm to others, abuse and neglect, criminal activity, and risk of suicide.

8.4. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

8.5. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

9. General

9.1. This clause will survive termination of these Terms.

9.2. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

9.3. Competitors: You are prohibited from using our website, including the Content, in any way that competes with our business. If you breach this term, we will hold you responsible for liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

9.4. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

9.5. Governing law: These Terms are governed by the laws of Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

9.6. No commercial use: Our website and Services are for your personal, non-commercial use only. You must not use our website, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.

9.7. Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided when booking our Services. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 4 Victorian business days in the case of post, or at the time of transmission in the case of email.

9.8. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

9.9. Variation: We may modify these Terms from time to time by notifying you by email with at least 30 day’s notice. Please check the Terms in place at the time you purchase our Services.

For any questions and notices, please contact us at:

Serenity Mindfulness & Counselling Services Pty Ltd ABN 37 648 112 538

Email: info@serenitymindfulness.com

Last update: 29 October 2021

Terms & Conditions: About