Terms and Conditions

 

Kirsty O'Brien of TEAM KO and YOU the client

1.   By clicking “BUY NOW" you agree to be personally bound by the Terms of Use and warrant that you are at least 18 years of age.

 

2. All prices are in Australian Dollars (AUD) and are inclusive of GST.

 

3. All payments are NON REFUNDABLE and non transferable.

 

4. The MINDFUL MONTH membership is a 4 week renewing cycle. There is no lock in contracts. Your monthly payment entitles you to

11 journal prompts received the first week of each month.

1 x  5 min stress reduction video workshop and exercise received the second week of each month.

4 x 20 min guided meditations with Kirsty at the designated time. Held weekly. Recordings available.

4 x mindful notes to your inbox from Kirsty sent each Monday.

5. The student session pass 4 pack must used within 2 months from date of purchase.

 

6. COACHING

6.1 One on one and online coaching may include brainstorming, identifying plans of action, examining any aspect of your life, asking questions for the purpose of clarifying issues.

 

6.2   Coaching sessions run for 60 mins unless otherwise specified.

 

6.3   Coaching sessions may address issues in relation to which you experience strong emotions and that the coach may ask direct and personal questions.

 

6.4   Kirsty O'Brien can terminate this agreement if you fail to pay your coaching fees, otherwise breach this agreement, engage in harassment, abuse or discrimination during sessions, are convicted of an offence or in their absolute determination cannot benefit from the coaching.

 

6.5   TEAM KO or the Coach do not guarantee any results or provide any warranties and the Coach shall not be responsible to you or to any Third Party for any physical or mental condition or circumstance caused as the direct or indirect result of or related to the coaching services in any way, including failure to achieve any goal.

 

6.6   You agree to indemnify the Coach Kirsty O'Brien and TEAM KO in relation to any claim made against them or loss or damage suffered as the result of your acts and or omissions.

 

6.7   You acknowledge that all coaching provided under this agreement is undertaken completely at your own risk. All information and material used during your coaching is the property of Kirsty O'Brien and is for personal use only. It may not be copied or redistributed in any form.

 

6.8   24 hours notice must be given for change of session times or cancellations. If you do not give this notice you will be charged for the session.

 

6.9   You acknowledge and agree that the Coach is not a therapist and no advice given is a diagnosis or medical.

 

7. THE MINDFUL MONTH AND ONLINE PROGRAMS - COLLECTIVE RESOURCES & HOME STUDY OPTIONS

7.1   To the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of the Program. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material of the Program or on the Website.

 

7.2   You acknowledge that the Program may not be error-free or uninterrupted. We do not warrant that any computer files as part of the Program will be free of viruses or contamination or destructive features. Receipt of emails, or other communications such as via Facebook or Twitter from us cannot be guaranteed. However, we will use our best endeavours to provide an alternative form of communication wherever possible.

 

7.3   No data transmission can be guaranteed as secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

 

7.4   YOU MUST NOT

- share the program you receive with any other person.

- use the Program to describe, market, endorse or promote any goods or services.

- register or maintain any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by Kirsty O'Brien.

- publish or post any of the Program’s content on any other website, including on social media pages or websites.                                  

 

8.SOCIAL MEDIA

8.1   Kirsty O'Brien Facebook page, group or Twitter account may contain hyperlinks to other third party websites. Such links are provided for convenience only and we take no responsibility for the content of any hyperlink.

 

8.2   Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of Kirsty O'Brien's Facebook page, group or Twitter account; without prior written consent from us. If in our opinion you are engaged in advertising, promotion or providing advice to other members of the Program, then we reserve the right to terminate your access to these social media platforms.

 

8.3   You may post information, photos, content, and/or upload materials to the Highly Meditated Facebook page, group or Twitter account (User Content). We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason (or for no reason at all).

 

8.4   Notwithstanding our right to monitor, review and edit any User Content, we are not obliged to do so. We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.

 

8.5   We are not responsible for how other users may use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Kirsty O'Brien Facebook page, group or Twitter account that is accessible to the public or other users of the Program.

 

9. Liability

To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the online Programs or individual coaching; regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.

 

10. Indemnity

10.1   You agree to indemnify and keep us, our employees, agents and subcontractors, indemnified from and against any claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, our employees, agents and subcontractors, or any third party, which arises as a result of your breach of these Terms of Use or as a result.

 

10.2.   You agree to indemnity and hold us, our employees, agents and subcontractors, harmless against all demands, claims, causes of action, interest and costs which we, our employees, agents and subcontractors, may suffer as a result of your negligent actions and omissions.

 

10.3.   You agree to indemnity us and our employees, agents and subcontractors, against all liability for loss, costs, damages, interest and expenses (including all legal costs incurred by us on a full indemnity basis) which may be paid, suffered or incurred by us, our employees, agents and subcontractors, in connection with any proceedings commenced by any person against us in any way relating to your conduct.  Any such amounts will be payable by you on demand by us.

 

11. Personal Information Collection Notice

11.1   In registering for coaching or using the Online Programs, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information.  If you do not provide all of the personal information that we request, then we may not be able to provide all or some of the Program to you.

 

11.2   We collect, use and disclose your personal information for the reasons of providing coaching to you. Unless you ask us not to, we may also use your personal information to send updated information and other promotional material to you.

 

11.3   We may collect personal information that you voluntarily submit to us when you apply to join to the Program via the Website or any other information you provide to us (whether orally, by mail, email or online); such information includes: your name; your contact details such as your telephone number, physical address and email address; your date of birth; information that allows us to process your payment to us, such as bank account details; information about yourself such as your goals, hobbies, interests, and occupation. If you do not provide us with some of the information requested by us, you may be unable to enjoy the full functionality of the Coaching

 

11.4   We collect, hold and use your personal information for a number of purposes, including to assist us in providing the Program to you and to give you the best possible service; contact you or respond to your queries; display, update and maintain the content on the Website; send information about future events, regular email communications or newsletters (both electronic and hardcopy) outlining news, services or events; advertise our services.

 

12. Payments on the website are processed using PAYPAL. We never see or store your credit card information. If you provide credit card info over the phone the card details are inputed directly to the paypal here reader and never stored.

 

13.You may opt out of receiving promotional materials from us at any time by contacting us.

 

14.We will take all reasonable steps to protect the information we hold about you from unauthorised access, use and disclosure, however we cannot guarantee that our systems and stored data will be completely free from third party interception or are free from corruption.

 

15.You agree to be bound by the latest version of the Terms of Use. We may vary, amend or add to these Terms of Use at any time.