BOOKING TERMS AND CONDITIONS   

These Booking Terms and Conditions apply to bookings made with Clinical EFT Connect [ABN 19335513164] (“we, us, our”) for any Clinical EFT services (“Consultation Services”/"Services"). These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an agreement with us (“Agreement”). “You” could be any client or customer of ours making a booking or using our Services. If you do not agree, you cannot make a booking.      

SERVICES WE PROVIDE  

We will perform the Consultation Services with due care, skill and diligence. The Consultation Services will be performed personally by a Certified EFT Practitioner. The Consultation Services include an initial consultation with intake and assessment, provision of education about clinical EFT and trauma, and goal setting and planning.  

We agree to:  

  • keep all your documents secure and confidential and return all documents at the termination of this Agreement;  

  • comply with our privacy policy, details of which you can find on our website.    

YOUR OBLIGATIONS  

You must provide all information we request in order for us to perform the Consultation Services. You represent and warrant that:   

  • all information you provide is true, correct, current, and to the best of your knowledge;  

  • you will respond promptly to any of our requests for further information and will notify us immediately if any information changes;  

  • you will be on time for your consultation.  

You acknowledge and agree that you will:  

  • do your best to attend to any agreed actions;  

  • communicate openly and honestly.  

We may become aware during the performance of the Consultation Services that you may need additional services, and you agree to co-operate with us in this regard.  

RELIANCE ON ADVICE  

We are not medical doctors. We strongly recommend that you seek independent medical advice in relation to any medical information we provide. For example, we do not provide any diagnosis or treatment. Any medical information is not a substitute for professional advice, and any reliance on this information is made at your sole risk. Your participation in the Services is always voluntary.   

NO GUARANTEES 

You acknowledge and agree that the sessions are developed based on the information you provide, and the response to EFT can vary and may not always be predicted. You acknowledge and agree that we cannot guarantee that the Consultation Services will be successful.  

THE FEES YOU NEED TO PAY  

You agree that you will pay us the Consultation Fee for the Consultation Services. We will invoice you for the Consultation Fee for a package of sessions in advance, or in accordance with a payment plan.  You agree to pay any applicable currency conversion fees, or financial service provider fees where relevant. Where payments are made in instalments, you authorise us to deduct all accrued and outstanding fees from your credit card or debit card provided. You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on the scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you. Where it continues to be not received, we may terminate this Agreement.   

 
Interest will be charged on any unpaid invoices at the rate of 10% per annum calculated monthly. Any legal collection fees that are incurred will be charged to you.  

CANCELLATIONS, RESCHEDULING AND REFUNDS  

E.G. Where a cancellation is made with less than 24 hours’ notice, the Consultation Fee will not be refunded, and will be forfeited. We provide a credit for a future session for any cancellations with more than 48 hours prior notice.  

You may reschedule the Service with no penalty subject to our availability.    

To the extent permitted by law, any other refunds for any cancellations of the Consultation Services are at our absolute discretion. No refunds will be given after a consultation has occurred regardless of whether you chose to implement any actions or advice. We do not provide refunds for your change of mind, where you failed to provide us with adequate information or clearly explain your needs, or where you have failed to act on our advice.  

THE AUSTRALIAN CONSUMER LAW  

Our Services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a Service, you are entitled to:  

  • cancel your Agreement with us and to a refund of the unused portion; or 

  • to compensation for its reduced value. 

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel this Agreement and obtain a refund for the unused portion.  

INTELLECTUAL PROPERTY  

We own or have a license to use all Intellectual Property Rights in any Materials we may provide you throughout the performance of the Consultation Services. You must not use our Materials for any purpose other than for the purpose of this Agreement. Any Materials we provide you must not be reproduced, altered or redistributed without our prior written permission which will be given at our absolute discretion and will be the subject of license fees.   

PUBLICITY 

To the extent permitted by law, you permit us to use your name, and any photos, videos and testimonials you provide to us for marketing and information purposes, or publications, exhibitions and professional awards. Where we take photos or videos of you, we will seek your consent to use them. You must seek our prior written consent before any publication of information about our Consultation Services.  

LIMITED LIABILITY AND INDEMNITY  

To the extent permitted by law, our liability is limited, at our option to:  

  • the replacement of the services or the supply of equivalent services; or  

  • the payment of the cost of replacing the services or of acquiring equivalent services.  

You agree and acknowledge that we are not liable for any Loss or Damage which may result from the Consultation Services. In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice we have sent you that has been paid.  

You acknowledge, agree, and undertake to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in using our Consultation Services, and any third-party claims.  

TERMINATION  

We may either suspend the Consultation Services or terminate this Agreement where:   

  • you are not cooperating or there is a conflict; or 

  • any threats are made.  

We may also, at our option and without prejudice to any of our rights, immediately terminate this Agreement where you default on any of our invoices, breach this Agreement, or commit an act of bankruptcy. Upon termination, you must pay us all accrued Consultation Fees owing up to the date of termination.  

FORCE MAJEURE 

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.  

IF THERE IS A DISPUTE  

If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.  

THE GOVERNING LAW AND OTHER MATTERS  

This Agreement completely states the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements, and arrangements between the parties in respect of its subject matter. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. This Agreement is governed by the laws from time to time in force in the state of NSW Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of NSW for determining any dispute concerning this Agreement.  

 

DEFINITIONS:  

“Agreement” means these terms and conditions, and any Proposal we may provide you with.  

“Booking” means any booking for a consultation made with us for our Services.  

"Claim" means any claim under statute, tort, contract or negligence, any demand, awards or costs.  
“Client” means you, the client making the Booking.   

“Consultation Fees” means the Consultation fees as further advertised on our website.   

“Information” is all information we require and may include any information you provide to us during the Services including but not limited to your personal information, living circumstances, diagnosis of any mental or physical health problems, and names of relevant health professionals such as psychologist or doctor, contact person in case of emergency.    

“Intellectual Property Rights” means all trademark, copyright, design rights, patents, trade secrets, confidential information, and all other intellectual property rights whether registered or unregistered.  

“Loss or Damage” means any direct, indirect, consequential, or incidental loss or damage. It includes, but is not limited to any loss, personal injury, death, negligence, property damage, loss of enjoyment, virus or damage to your systems, or reliance on our Consultation Services.  

“Materials” means any copy, data, information, documents, plans, downloadable products, records, images, and any other materials. 

“Representatives” means any of our employees, independent contractors, agents, consultants, advisors, and other representatives.  

“We, us, our” means Clinical EFT Connect [ABN 19335513164] and includes any of our employees, agents, partners and contractors.