terms & conditions

Ellen Travassaros Coaching Contract and Terms & Conditions:

 

January 2020

Terms of Use for Ellen Travassaros Coaching Services

This Letter of Engagement sets forth the understandings and expectations for participation in your recommended program. By signing this agreement you are accepting the terms and conditions set forth herein.

Procedure: Either face-to-face coaching at an agreed location; or Phone / Zoom / WhatsApp coaching, whichever is available and advised by Ellen Travassaros.
 

Changes: Rescheduling or cancellations of appointments need to be conducted at least 24 hours prior to the session. Failure to do so may result in the session being forfeited. Your coach will wait for your phone call for up to 10 minutes from the booked time for each session, after which the session may be forfeited.
 

1. Eligibility

 

1.1 You represent and warrant that you are at least 18 years old and will be responsible for completing all registration information or if under 18 years of age have provided written parental consent. If you are accessing and using the website or registering for access to the Program, Coaching or any of the website's services or products on behalf of a party who is not at least 18 years of age, then you are representing that you are that party's legal guardian and you are responsible for that party's compliance with these Terms and Conditions and you will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.

1.2 We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your registration, if we believe that you may or will bring our reputation, those individuals who represent us in the market place, our other users, and Forum members into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the website or to the contents and components of the Website or are in any way in breach of these Terms and Conditions.

2. Forum Membership
 

2.1 You acknowledge that Forum membership provides for public communications.
 

2.2 To become a Forum member you agree to provide truthful, accurate personal details about yourself as required on the signup page for the Forum.
 

2.3 You will use the Forum only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of the Forum, either on the Forum itself or otherwise, or the website, the Program, Coaching, the Forum and/or the individuals representing the website and/or their employees.
 

2.4 You will not use the Forum:

a) for any unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose;

b) to incite others to conduct the activities described in subparagraph

c) to interfere with the lawful and reasonable use of the Forum by others; and

d) to attempt to directly or indirectly, allow or facilitate a third party to enter the Forum through your registration.

3. Cancellation and Refund Policy and Process
 

3.1 All refunds and cancellation procedures are in accordance with ACCC Consumer guidelines. Specific product and service-related policies are listed below, however, for all products and services, no refunds will be given for any fees and purchases if:

a) you have simply changed your mind or decided you no longer like or have use for the purchase

b) you discover you can buy the goods or services more cheaply elsewhere

c) you have damaged the goods by using them in a way that was unreasonable

d) No refunds available after service has been delivered

e) We may also allow purchasers to transfer to different services of an equal value, however not all circumstance will be granted transfer.

 

3.2 Online Products and Programs Cancellation and Refund Policy: No refunds available after the sale has been completed.

 

3.3 Workshops and Events Cancellation and Refunds Policy: No refunds or ticket transfer after the sale has been completed. Tickets are not transferable for workshops or live events.

 

3.4 Retreat Cancellation and Refunds Policy: All retreats require a non-refundable $1,500 deposit in order to register. These policies are effective as of the time you submit your deposit or register for a retreat package –

a) Request for transfer to a different retreat date (within 12 months of the original date) permitted within 90 days notice of the retreat date

b) Retreat positions may not be transferred to another person

c) Retreats are non-refundable within 90 days of retreat date

d) Request for refund of 50% of the total amount of services not yet rendered minus the minimum $1500 deposit can be made within 90 days of the first event date in the case of extenuating circumstances as listed below:

i. inability to attend due to emergencies such as severe illness, accidents, etc.

ii. being deemed unfit for communication for more than 12 months and doctor’s certification proving mental incapacity to communicate

e) Dates and locations of retreats can be changed at the companies discretion at any time. 

 

3.5 One on one private coaching cancellation and refund policy: All coaching programs require a non-refundable deposit of $1,500 in order to begin. These policies are effective as of the time you submit your deposit or register for coaching –

a) Coaching sessions may not be transferred to another person

b) No refunds are provided for services already delivered

c) No refunds available once coaching has commenced

d) If you decide to terminate the program, all sessions will be forfeited automatically

e) All sessions must be completed within the allocated time period agreed at commencement. The time permitted to complete sessions can be extended for up to 12 months in the extenuating circumstance of being deemed unfit for communication for more than 12 months by a certified treating doctor.

f) Request for refund of 50% of the total amount of services not yet rendered minus the deposit can be made in the case of extenuating circumstances such as a terminal illness exceeding 12 months or doctor’s certification proving mental incapacity to communicate

g) In this case of extenuating circumstances, clients must submit the necessary supporting documentation and request via email to ellen@theholisticpt.com.au.

h) Reviews and refunds may take up to 8 weeks to process.

i) All refund requests will be considered however even with doctors certification there is no guarantee that the refund will be approved.

 

3.6 In the case of a cancellation/refund request, you will remain responsible for scheduled weekly payments until such times as the Cancellation Request Form is completed and submitted to ellen@theholisticpt.com.au

 

3.7 Cancellation fee and any outstanding payments will be deducted by Ellen Travassaros’ authorised billing service provider on the next scheduled payment deduction day and your account will be considered finalised once payment in cleared funds has been confirmed.

4. Termination of Membership by Ellen Travassaros

Ellen Travassaros reserves the right to terminate this contract at any time without reason.

 

5. Additional Cancellation Charges and Fees

a) Default charges from Ellen Travassaros' billing service provider will apply as the penalty for stopping authority on your credit or debit card without acceptance from Ellen Travassaros. The default charges are outlined in your separate agreement with the billing service provider.

b) Insufficient funds in your account will also attract a penalty fee on each and every occasion a transaction fails. Penalty fees charged will be the default charges stated in your agreement with Ellen Travassaros' billing service provider.

 

6. Payments
 

6.1 In purchasing any product or services from the Website ("the purchase") you agree to pay using a valid credit card/debit card (or other form of payment as Ellen Travassaros may allow);

a) provide current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card details and billing information as required without limiting any of Ellen Travassaros' rights and remedies if we discover or believe that any information provided by you is inaccurate or . incomplete.

b) Ellen Travassaros reserves the right to refuse to continue with your purchase, or put on hold or terminate your access to the Website, the plan or any of the services or products provided at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for

the purchase;

c) You acknowledge that defaulted scheduled weekly payments shall be collected from your nominated account on following weeks until such time as the account is returned to a state of currency.

d) Pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the purchase ("the costs"); and

e) all costs are in Australian dollars unless otherwise indicated.

7. Transaction Charges

7.1 Every customer transaction will incur the following transaction fees and charges to be paid by the customer.

 

7.2 Direct Debits $ amount equal to 0.049% of each payment transaction

7.3 PayPal payments $ amount equal to 0.05% of each payment

8. Credit/Debt Reporting Agencies

 

8.1 Upon default by the customer in regard to any payment obligation, the customer authorises notification to any debt collection/credit reporting agency of the default. Should this occur then at Ellen Travassaros' total discretion, it may terminate the contract at which the full outstanding balance for the remainder of the minimum term or payments (including any current arrears) shall be due in full. The customer authorises Ellen Travassaros to add to the outstanding debt an additional amount of 25% of the full outstanding balance (including penalties) to offset Ellen Travassaros' expenses reasonably incurred in the collecting of debt and upon the initial referral to the debt collection/credit reporting agency.

 

9. Warranty

Ellen Travassaros provides no warranty as to any results or outcomes associated with using the Program, Coaching packages and/or the products or services offered by the Website.

10. Medical Disclaimer

10.1 We are not a medical organisation and Ellen Travassaros does not and cannot give or purport to give you any medical advice or assistance in any form. Nothing in the Website /Forum /Program /Coaching or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs.

10.2 You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the Program/Coaching and/or its products and services. Ellen Travassaros encourages you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Program, Coaching and/or its products or services.

10.3 In relation to the Program and Coaching you are responsible for making your own enquiries about your ability to follow the advice provided and obtain your own medical advice concerning this issue and we shall not be responsible for any injury or health problem that may, or could arise, from your chosen participation.

10.4 You agree that neither Ellen Travassaros nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, the Program, the Coaching or its products and services, is at your sole risk.

11. Express Assumption of Risk

11.1 By agreeing to the terms and conditions of the Website you acknowledge and accept that there are risks involved following the advice for all aspects of health and wellbeing. You understand that changing your nutritional and physical habits can result in illness or injury that can result in death and that you are not obligated to perform nor participate in any activity or follow advice that you do not wish to do, and that it is your right to refuse such participation at any time. You willingly assume full responsibility for the risks that you are exposing yourself to and accept full responsibility for any injury, illness or death that may result from participation in any activity, or under direction from a

representative of Ellen Travassaros.

 

11.2 You acknowledge & understand it is your choice to undertake activities, personal decisions, financial investments, business plans, nutritional and physical advice and accept full responsibility for any financial loss, emotional distress, illness or injury arising from doing so.

 

12. Limitation of Liability

12.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, illness, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.

 

13. Our Rights to Modify Services

13.1 You acknowledge that Ellen Travassaros is entitled at any time, to change, modify, vary, delete or otherwise deal with the Website and/or the Terms and Conditions, as we see fit.

13.2 Ellen Travassaros will publish any intended changes on the Website and you will be deemed to have accepted such changes when you first access the Website following our publication of the notice of change on the Website.

 

14. Increase in fees

Ellen Travassaros may at any time after the minimum term, upon sending written notice to the customers last known email address or postal address and giving a minimum of 14 days’ notice, increase the instalment amount. If the customer wishes to terminate the contract as a result of this increase, the customer has the right to do so if they notify Ellen Travassaros in writing to ellen@theholisticpt.com.au within 14 days of the date of written notice being sent to them from AMH Coaching Pty Ltd. The contract will be terminated upon receipt of this notice. If the customer does not notify Ellen Travassaros of the intention to terminate the contract as a result of the fee increase within the specified timeframe, then the contract will remain in force and the increase in instalment

fees will be deemed to have been accepted by the customer.

 

15. Breach of Contract

The customer and Ellen Travassaros each hold reciprocal rights of termination for a material breach of any term or condition of Contract. The Contract will be terminated upon receipt of written notice outlining the relevant breach.

16. Jurisdiction

These Terms and Conditions are governed by the laws of New South Wales, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.

 

17. Indemnity

17.1 You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a  result of your improper or illegal use of the Website and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.

17.2 You shall indemnify us from any claim, liability, costs and/or expenses arising from any injury or health problems that could or may arise from your participation in the Program, Coaching and any advice or guidelines given.

17.3 You are liable for all content posted by you on the Forum.

17.4 You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post on the Forum or in relation to the Website or that by your actions of conduct.

 

17.5 You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.

18. Privacy

18.1 We will use our best endeavours to protect your privacy as provided by you with respect to your personal information and by your provision of your personal information as referred to in these Terms and Conditions, you have expressly agreed to our collection, use and retention of your personal information.

 

18.2 We will manage your personal information in accordance with the requirements of Australian laws.

18.3 We will use our best endeavours to ensure your personal information is not accessed illegally or without authorisation but we cannot guarantee that our systems will or can be free from third party interference or be interrupted and so we do not warranty the security or privacy of your personal information including payment and/or account details and you acknowledge that when you provide us with any personal information, you are doing so at your own risk.

19. General

a) In working with Ellen Travassaros, you agree to the privacy policy and terms and conditions as listed on our website www.theholisticpt.com.au.

b) These Terms and Conditions form the entire agreement between us and you, as well as in relation to the website and your use of it.

c) Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.

YOUR PRIVACY

At theholisticpt.com.au, we are committed to protecting your privacy as a customer and an online visitor to our website. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our privacy policy below carefully.

INFORMATION WE COLLECT FROM YOU

In the course of your visits to our website or use of our products and services, we may obtain the following information about you: name, company name, email address, telephone number, credit card details, billing address, geographic location, IP address, survey responses, support queries, blog comments and social media handles (together ‘Personal Data’).

Our services are not directed to persons under 18 and we do not knowingly collect Personal Data from anyone under 18. If we become aware that a child under 18 has provided us with Personal Data, we will delete that information as quickly as possible. If you are the parent or guardian of a child and you believe they have provided us with Personal Data without your consent, then please contact us.

You can review, correct, update or delete your Personal Data by either logging into your account and making the changes yourself or contacting us directly to do so.

HOW WE USE YOUR INFORMATION

Personally Identifiable Information: We use the information we collect to deliver our services to you, including: communicating with you, providing technical support, notifying you of updates and offers, sharing useful content, measuring customer satisfaction, diagnosing problems and providing you with a personalised website experience.

Marketing communications are only sent to you if you have requested or subscribed to them. You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately.

Non-Personally Identifiable Information: We also use the information we collect in aggregated and anonymized forms to improve our services, including: administering our website, producing reports and analytics, advertising our products and services, identifying user demands and assisting in meeting customer needs generally.

Any information you choose to make publicly available, such as blog comments and testimonials on our website, will be available for others to see. If you subsequently remove this information, copies may remain viewable in cached and archived pages on other websites or if others have copied or saved the information.

STORAGE AND SECURITY OF YOUR INFORMATION

We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. All information we receive from you is stored and protected on our secure servers from unauthorized use or access. Credit card information is taken by our online payment merchant, Debit Success, and is not stored by us on our servers.

To enable us to deliver our services, we may transfer information that we collect about you, including Personal Data, across borders for storage and processing in countries other than Australia. If your Personal Data is transferred and processed outside Australia, it will only be transferred to countries that have adequate privacy protections.

We retain your personal information for as long as needed to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

In the event there is a breach of our security and your Personal Data is compromised, we will promptly notify you in compliance with the applicable law.

COOKIES AND PIXELS

A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any Personal Data (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. This may, however, prevent you from taking full advantage of our website.

Our website uses cookies to analyse website traffic, provide social media sharing and liking functionality and help us provide a better website visitor experience. In addition, cookies and pixels may be used to serve relevant ads to website visitors through third party services such as Google Adwords and Facebook Adverts. These ads may appear on this website or other websites you visit.

SHARING YOUR INFORMATION WITH THIRD PARTIES

We do not and will not sell or deal in Personal Data or any customer information.

Your Personal Data details are only disclosed to third party suppliers when it is required by law, for goods or services which you have purchased, for payment processing or to protect our copyright, trademarks and other legal rights. To the extent that we do share your Personal Data with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy and in accordance with applicable law. Our contracts with third parties prohibit them from using any of your Personal Data for any purpose other than that for which it was shared.

DISCLOSURE OF YOUR INFORMATION

We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of theholisticpt.com.au our customers or third parties.

If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be transferred to a purchaser under a confidentiality agreement. We would only disclose your Personal Data in good faith and where required by any of the above circumstances.

LINKS TO OTHER WEBSITES

This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected by this website.

CHANGE IN PRIVACY POLICY

As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.

CONTACT US

If you have any questions or concerns at any time about our privacy policy or the use of your Personal Data, please contact us at ellen@theholisticpt.com.au and we will respond within 48 hours.

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