Terms and Conditions


Terms and Conditions of Service


1.     Terms of engagement

a)     Turn Up Your Zen agrees to provide life coaching services to the client, which may include, but are not limited to, the following: life coaching, mindfulness, counselling, health coaching, meditation and retreats. 

b)     This life coach shall provide the services using appropriate tools, techniques and methods at their discretion and within the limits of their professional competence. 

c)     This agreement shall commence from the date of this agreement and will continue until terminated by either of the parties.

d)     Either party may terminate this agreement at any time upon written notice to the other party. In the event of termination, the client shall be responsible for payment of any outstanding fees for services provided up to the date of termination.

e)     You acknowledge that you take full responsibility for your life, health and well-being, as well as the lives, health and well-being of your family and children who could be affected by actions you may take as a result of you or them participating in this coaching program.

f)      Engaging these services retains an inherent confidentiality agreement between Turn Up Your Zen and the client which entails that Turn Up Your Zen will protect their client’s privacy by not revealing the contents of therapy or anything private related to their attendance at therapy.

g)     Turn Up Your Zen will only break confidentiality if they believe the client is a threat to himself/herself or others, if they believe a child or disabled person is being abused or if they are forced to testify against their clients through a subpoena.

h)     The client is aware that these terms and conditions apply to services conducted both online and in person. 

i)      The session duration and frequency is agreed upon prior to the session and can be changed at any point through written communication with Turn Up Your Zen or via the online booking system.

 

2.     Disclaimer for services

a)     By engaging in these services, you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use. 

b)     The advice provided by Tania Burgess in the life coaching services is provided within the limits of their professional competence.

c)     Whilst Tania provides advice to the best of her professional ability, it is advised that you make your own enquiries to determine if the information, service or products are appropriate for your intended use. This may or may not include seeking an alternate opinion.

d)     In no event will Turn Up Your Zen be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of profits arising out of, or in connection with, the use of these services.

e)     Through this service, we may refer clients to other resources which are not under the control of Turn Up Your Zen. We have no control over the nature, content and availability of those resources. The referral of/to these resources does not necessarily imply a recommendation or endorse the views expressed within them.

f)      By using our services, you agree that Turn Up Your Zen is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Turn Up Your Zen liable for any actions you take, nor can you hold any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Turn Up Your Zen.

g)     All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice.

h)     Results are not guaranteed and Turn Up Your Zen takes no responsibility for your actions, choices or decisions.

 

3.     Limitation of liability

a)     It shall be your own responsibility to ensure that any products, services or information available through Turn Up Your Zen meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

b)     You release Turn Up Your Zen from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which you have ever had, now have or will have in the future against Turn Up Your Zen, her heirs and successors, arising from your past or future participation in her services, unless arising from the gross negligence of Turn Up Your Zen.

 

4.     Cancellation policy

a)     Turn Up Your Zen has a cancellation policy applicable to all services it provides.

b)     Clients are informed of this policy at the time of booking and acknowledge the need to pay a late cancellation or reschedule fee when filling in their initial consult information sheet. They will receive a text message prior to their appointment which also reminds them of their appointment.

c)     This policy aims to reduce disruptions to the coaches’ availabilities and time in preparation because of client late cancellations, late rescheduled and missed appointments. 

d)     It aims to reduce the income loss as a direct result of client cancellations, late rescheduled and missed appointments. We are a private practice, therefore if a client cancels or reschedules late or does not arrive for their scheduled appointment then Turn Up Your Zen loses income.

e)     If for some reason you need to cancel or reschedule your appointment, please allow a minimum of 48 business hours’ notice.

f)      Cancellation fees will be calculated at 100% of regular session fee for appointments cancelled within 48 business hours or no-show appointments.

g)     Please note that while we endeavour to remind you of your appointments through email reminders, these should not be relied upon, and it is your responsibility to remember appointments you have made.

h)     Cancellation fees are payable via the booking system at the time of cancellation or will be directly charged to the encrypted credit card account details stored, or invoiced. Outstanding accounts (maximum terms = 7 days) will be referred for debt collection and will incur an 18% + GST debt collection fee. 

i)      This is in line with the Office of Fair Trading which states that a business is within its rights to charge a cancellation or “no-show” fee for appointments, so long as this has been communicated to a new patient or customer before making the appointment.

 

5.     Amendment of terms

a)     We reserve the right to change, modify, add or remove portions of these terms at any time. 

b)     Please check these terms regularly prior to using our services to ensure you are aware of any changes. 

c)     We will endeavour to highlight any significant or substantive changes to you where possible. 

d)     If you agree to these terms and conditions then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Turn Up Your Zen’s rights and obligations to each other.

 

6.     Privacy of information

a)     We respect the privacy and confidentiality of the information provided by you and adhere to the Privacy Act 1988 (Cth) in regard to the collection, storage, protection, use, correction to, and disclosure of personal information. 

b)     Our workplace policies and procedures will be consistent with these principles. 

c)     You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure server turnupyourzen.com. 

d)     We use the information we collect about you to maximize the services that we provide to you. 

e)     Turn Up Your Zen ensures all client details and records are kept private and remain safe and protected at all times. 

f)      Turn Up Your Zen ensures that sessions are not overheard, recorded or observed without the consent of the client and ensures that they protect the client’s personal information and session notes.

g)     You may change or remove your details at any time by advising us in writing via email. 

h)     Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

  

7.     Limits upon exclusions of liability

a)     Nothing in this disclaimer will limit or exclude any liability for death or personal injury resulting from negligence, limit or exclude any liability for fraud or fraudulent misrepresentation, limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law.

 

8.     Jurisdiction

a)     This agreement and this enterprise are subject to the laws of New South Wales and Australia. If there is a dispute between you and Turn Up Your Zen that results in litigation, then you must submit to the jurisdiction of the courts of New South Wales.