Terms and Conditions of Service
Trading Name: Carlene Renae Kupke trading as Inside Out MB
Telephone Number: 0417823487
The Services are provided by Carlene Renae Kupke trading as Inside Out MB. Your access to and use of the Services is subject to these Terms. Use of the Services indicates your acceptance of these Terms. We may update these Terms from time to time, and your continued use of the Services constitutes acceptance by you of any updates. Please read these Terms carefully before using the Services.
- Client Health History and Services
- The Client history health history form will be completed and agreed upon to the best of the Client’s knowledge. The Client will state all the known physical conditions, medical conditions and medications and will keep the Provider updated on any changes.
- The Provider shall at all times use their best endeavours to assist the Client with the agreed goals. However, the Client at all times remains responsible for their own care, safety and behaviour.
- The Client understands that Resource Therapy (RT), Neuro Linguistic Programming (NLP), Time Line Therapy (TLT), Hypnotherapy and Reiki services are a therapeutic health services and are non-sexual. The Client understands RT, NLP, TLT, Hypnotherapy and Reiki do not diagnose illness, disease or mental disorders of any kind. It in no way replaces standard medical care and advice, but works in conjunction with it.
- The Client understands that RT, NLP, TLT, Hypnotherapy and Reiki are not substitutes for medical advice, medical examination or medical care, and that it is recommended that the Client concurrently work with their primary caregiver (general practitioner or other medical adviser) for any condition that they may have. If you think you may be suffering from any medical condition, you should seek immediate medical attention from an appropriately qualified medical practitioner.
- You acknowledge and agree that the Services are not intended to establish a doctor-patient relationship between us and you, to replace the services of a medical practitioner, or otherwise to be a substitute for professional medical advice, diagnosis or treatment.
- Therapy Session Agreement
- The Client will read, understand and sign the Mind Body Therapy agreement made by the Provider. This sets out the Services to be provided by the Provider, the fees payable, and additional terms which bind the parties. In the event of any inconsistency between these Terms and a Mind Body Therapy agreement, these Terms shall prevail to the extent of the inconsistency.
- The Provider reserves the right to terminate a therapy session agreement immediately without notice upon one or more of the following conditions (as determined by the Provider in its sole and absolute discretion):
- Consistently not being willing to change during sessions.
- Not honouring session expectations.
- Not committing or completing the work assigned.
- Not showing up for scheduled sessions without giving us any notice or constant last minute attempts to reschedule.
- Refusal to book sessions after agreements have been established.
- Any form of disrespect or derogatory behaviour to the Provider or others.
- Violation of any provision of these Terms, a therapy session agreement or any other terms or policies of the Provider in place from time to time.
- Violation of the rights of the Provider or any third party.
- It is otherwise inappropriate for the Services to continue to be provided.
- Payment and Sessions
- If the Client is on a payment plan, all payments must be made by the agreed dates. Failure to do so may result in lost sessions or a cancellation of the Mind Body Therapy contract.
- Sessions must be booked and confirmed with a minimum of 24-hours advance notice. Cancellation of a pre-existing session requires 24-hours notice via phone call or text message, otherwise payment to the Provider is due in full.
- All paments must be made prior to the session
- Direct debits are processed via Stripe and incur the following administrative fees on top of the prices quoted by the Provider:
- Merchant Service Fee (Visa/MasterCard) 1.75% + 30c
- Merchant Service Fee (Overseas cards) 2.9% + 30 c
- Credit card facilities provided by Square are available on site incur a 1.9% fee.
- The fees may increase from time to time without notice.
- To the extent permitted by law, due to the nature of the Services, payments received by the Provider are non-refundable.
- Unless otherwise stated, our fees are exclusive of GST and you must pay GST or any equivalent taxes in respect of our fees.
- Direct debits can also be processed via Ezidebit and incur the following administrative fees on top of the pries quoted by the Provider:
- Administration Fee (once only) $5.50
- Merchant Service Fee (Visa/MasterCard) 2.2% per transaction
- Transaction Fee (bank account) $1.65 per transaction
- Merchant Service Fee (AMEX/Diners) 4.4% per transaction
- Payer Dishonour Fee $14.80
- The Services are provided on an “as is” basis, without any representations or warranties, express or implied.
- Neither us nor any related entities (as that term is defined in section 9 of the Corporations Act 2001 (Cth)), officers, directors, agents, employees, contractors or suppliers make any representation or warranty, express or implied, in respect of the Services and none of those persons or entities accepts any responsibility or liability (except a liability that cannot lawfully be excluded) for any reliance placed on the Services by any person. We do not guarantee that by undertaking the Services you will achieve a particular result.
- To the maximum extent permitted by law, we and any related entities (as that term is defined in section 9 of the Corporations Act 2001 (Cth)), officers, directors, agents, employees, contractors and suppliers will not be liable to you for any loss, liability, cost, charge, expense, or damage of any nature whatsoever, including any special, incidental, exemplary, compensatory or consequential losses, (whether or not foreseeable) (howsoever arising or caused, including, without limitation, negligence) (“Loss”), suffered or incurred by any person relying or acting on the Services, including any information provided by us, and whether caused by reason of any negligence, accident, default or however otherwise caused.
- You agree to indemnify and hold us and our related entities (as that term is defined in section 9 of the Corporations Act 2001 (Cth)), officers, directors, agents, employees, contractors and suppliers harmless from and against any actions, claims, demands, proceedings, Loss of every kind and nature, known and unknown, including solicitors’ fees (on a solicitor and own client basis) and claims made by third parties, due to or arising out of your breach of these Terms, your use of the Services or your violation of any law or the rights of a third party.
1. Cumulative rights
The rights and remedies of a party to these Terms are in addition to the rights or remedies conferred on the party at law or in equity.
2. No Adverse Construction
The Client agrees that these Terms may not be construed adversely against the Provider solely because the Provider prepared it.
The Provider may assign its interest under these Terms upon giving written notice to the Client. The Client may assign its interest under these Terms with the written approval of the Provider.
4. Governing Law
These Terms are governed the laws of New South Wales and the courts of New South Wales shall have jurisdiction over these Terms.
5. Entire Agreement
These Terms is the entire agreement between both parties as to its subject matter.
6. Dispute Resolution
1. If any dispute, controversy or claim arises out of or in respect of these Terms which cannot be resolved by good faith negotiations between the parties, the parties shall endeavour to resolve the matter by negotiation, and failing negotiation within 14 days of the commencement of the dispute, either party may refer the dispute to mediation.
2. The negotiation or mediation of any dispute, controversy or claim referred to in the above clause shall be conducted at the place nominated by the Provider.
3. If the dispute is not resolved within 28 days after the appointment of the mediator any party may take legal proceedings to resolve the dispute.
4. The provisions of this clause do not prevent any party from obtaining any injunctive, declaratory or other interlocutory relief from a Court which may be urgently required.
Any waiver of rights can only in writing and in effective only to the extent set out in the waiver.
- In these Terms and Conditions of Services the following definitions apply:
- Client means any person or entity that accesses the Services;
- Provider means Carlene Renae Kupke trading as Inside Out MB (Mind Body);
- Services means any services provided by us to you;
- Terms means these Terms and Conditions of Service;
- us means the Provider and ‘we’ or ‘our’ shall be interpreted accordingly;
- you means the Client and ‘your’ shall be interpreted accordingly.
- In these Terms and Conditions of Services the following definitions apply: