Terms and Conditions

TERMS & CONDITIONS

By clicking on the Accept Terms box you are agreeing to the following terms in agreement with Iriks Consulting Pty Ltd ACN 644 919 399 ABN 24 637 410 701 trading as Life Mediation (“Iriks Consulting”, “We” and “Our”).

1. INTERPRETATION
1.1 In these Terms, the following definitions apply unless the context makes it clear that a definition is not intended to apply:

“Administration Fee” means a $25 fee (inclusive of GST) payable where we agree to transfer your booking to another person;

“Cancellation Fee” means a fee valued at half of the cost of the Coaching Service to be deducted where you cancel less than 48 hours prior to the booking, or do not show up for the online coaching session;

“Terms” means these terms and conditions of these Terms and includes any updates from time to time (by continuing to access the Online Course or your profile, you are agreeing to the latest version of the Terms at all times);

“GST” means a goods and services tax, or a similar value added tax, levied or imposed under the GST Law;

“GST Law” has the meaning given to it in the A New Tax System (Goods and Online Course Tax) Act 1999 (Cth);

“Intellectual Property Rights” means all statutory and other proprietary rights and interests including copyrights and all rights in the nature of copyright, patents, pending patents, trademarks, service marks, trade names, domain names, designs, methods, database rights and all other intellectual property rights;

“Online Course” means the online course you have selected to purchase online;

“Parties” means Iriks Consulting and you;

“Personal Information” means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion;

“Course Fee” means the amount payable by you to Iriks Consulting for the Online Course and unless otherwise specified, is GST inclusive;

“Iriks Consulting” means Iriks Consulting Pty Ltd ACN 644 919 399 ABN 24 637 410 701 trading as Life Mediation and where the context so requires, includes its employees, agents, and/or sub-contractors and assigns;

1.2 If these Terms expressly or impliedly binds more than one person then it will bind such persons jointly and severally.

1.3 A word which suggests one gender includes the other gender.

1.4 If a word is defined, another part of speech of that word has a corresponding meaning.

2. ONLINE COURSE

2.1 You agree to pay the Course Fee in advance to access the Online Course.

2.2 The Online Course provided by Iriks Consulting is directed at conflict management and life mediation. You agree that the Online Course, which is not directive advice, counselling, or therapy, may address overall goals, specific issues, or general conditions in your life or profession. The Online Course may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, asking clarifying questions, and providing models, examples, and in-the-moment skills training.

2.3 You acknowledge and agree that the any remedies, approaches and/or techniques in the Online Course are by way of invitation to you and are not to be a substitute for professional financial, legal, psychological, medical or accounting consultation and advice.

2.4 You understand that the Online Course provides general information only and is not tailored to your specific situation, and you agree to hold Iriks Consulting harmless for any damage or loss caused to you as a direct or indirect result of relying on this general information and not seeking advice as to how it relates to your specific situation.

3. PAYMENT

3.1 Iriks Consulting may provide a third-party payment facility service provider for you to pay for any Online Course from us and you agree to operate in accordance with the terms of that payment gateway or facility, including payment of their fees which may vary from time to time.

3.2 We will not store any of your financial data such as passwords or credit card numbers on our website or in our systems – if you provide such details to the third party payment facility service provider, they will be wholly responsible for appropriate storage of your data and you hold us harmless for any loss or damage you may suffer as a direct result of your use of that gateway or facility.

3.3 We will use best endeavours to provide a third-party payment facility that is reasonably priced, secure and easy to use however we cannot warrant their services and we reserve the right to change the third-party payment facility service provider at any time with no notice to you.

3.4 If you have an issue with the third-party payment facility, please make contact with us and we will assist where possible to have it resolved.

4. RESCHEDULING AND CANCELLATIONS

4.1 We may offer other products and services from time to time which could include online coaching on a one-on-one or group basis. You may engage in these services by paying online for them prior to having access to book in a time for delivery of the service.

4.2 Requests to reschedule or cancel a session should be made more than 48 hours before the scheduled session.

4.3 Subject only to the Australian Consumer Law, we reserve the right to retain an Administration Fee for transfer of a booked session, and charge a Cancellation Fee where you cancel or reschedule within 48 hours of your scheduled session or do not attend your booked session. You agree that this is a reasonable fee and reflects our true cost and is reasonable given cancellations within the 48-hour window may result in a session that could have been booked by another client going unused and the costs associated with the scheduled session, such as session preparation.

4.4 In the unlikely event that we are required to cancel a session, you will use best endeavours to reschedule the session as soon as possible.

4.5 You acknowledge that circumstances may arise that are unforeseen or beyond the control of Iriks Consulting which may prevent us from delivering services and an Online Course to you or the person you are purchasing the course for. You agree that we are not liable for any expenses, loss or damage caused to you or any third party by our cancellation, beyond a refund of the any monies paid.

5. DISCONTINUANCE OF ONLINE COURSE OR COACHING

5.1 You may discontinue your use of the Online Course at any time, however will not be entitled to a refund unless it can be shown unequivocally that there are defects in the provision of the course and it does not comply with the Australian Consumer Law. We do not offer refunds for change of mind and are not required to by law.

5.2 The value of all templates, workflows and any other Intellectual Property Rights provided in and with the Online Course belonging to us and provided to you as part of the Online Course, cannot be returned for a refund.

6. REFUSAL OF SERVICE & CHANGE TO ONLINE COURSE

6.1 If we decides to cancel or withdraw you from any of the Online Course for any reason, we will notify you as soon as possible and provide a refund.

6.2 We reserve the right to change or discontinue any service or provision of any Online Course in whole or in part any time.

6.3 Where we offer you a subscription now or in the future, you must ensure you have the financial means to meet the payments due under the subscription.

6.4 If we offer you a subscription plan, you may terminate your subscription by cancelling the subscription in your profile on the Platform at least 5 business days prior to the renewal of the subscription billing period.

6.5 Where we offer you a payment plan now or in the future, although the payments will be deducted monthly, you will be liable for full payment of the original purchase price plus any fees and interest agreed when entering into the payment plan.

6.6 For both subscriptions and payment plans, we reserve the right to charge dishonour fees and administration costs incurred where your payment cannot be processed, and interest at the default rate for commercial contracts as notified by the relevant State Law Society on overdue payments where you have a payment plan.

7. CLIENT OBLIGATIONS

In addition to any other obligations under these Terms, you will:

(a) if requested, consult a your own professional advisor or other experts before making any financially or legally motivated decisions; and

(b) make a commitment to action plans created and follow up and perform any assignments or actions set in sessions; and

(c) understand that coaching is not to be used in lieu of professional and/or financial advice and seek professional guidance for legal, medical, financial, business, health or other matters; and

(d) keep any workbooks, templates, workflows, lists, notes, video and audio provided by Iriks Consulting confidential; and

(e) act courteously toward Iriks Consulting at all times and not do, or omit to do, anything which may harm the reputation of Iriks Consulting.

8. USE OF PLATFORM

8.1 We will provide you with an online platform via lifemediation.com.au (“Platform”) to deliver the Online Course unless otherwise provided in the Schedule.

8.2 You may become a member of the Platform without paying a membership fee however you must pay in advance for any Online Course and any other services we offer you on the Platform.

8.3 You must be at least 18 years old to become a member of the Platform. You must not attempt to register if you are under 18 years old. If you require our Online Course and you are under 18 years of age, you may have a parent or guardian sign up as a member and guide you while you use the Online Course in the Platform.

8.4 As a member, you will also have the ability to access features and Online Course available on the Platform (such as online courses or any chargeable service or feature that becomes available from time to time).

8.5 To make purchases online, you must be a member.

8.6 When registering as a member of the Platform, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to keep your personal profile updated with changes to that information. You may do this at any time by accessing your Account page on the relevant Platform.

8.7 As a member of the Platform, you are permitted to create one profile for yourself on that Platform. You must not create multiple member profiles on the one Platform.

8.8 All personal information you provide to us will be treated in accordance with the Australian Privacy legislation.

8.9 You are responsible for maintaining the confidentiality and security of your login and password and wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session.

8.10 We may at any time request a form of identification to verify your identity and/or your compliance with these Terms.

8.11 You must inform us immediately in writing should you suspect your profile has been accessed by an unauthorised person or your data compromised in any way. We do not retain any sensitive information on the platform, and all financial information is stored in the security of the third party payment applications, therefore the only data stored in the platform is that provided by you.

8.12 We may collect data on your use of the platform and website to use for improving the Online Course and providing you a better experience and other useful Online Course now and in the future, and you expressly consent to this. In the event you no longer consent, you must make this known in writing to Iriks Consulting.

8.13 While we use reasonable endeavors to ensure that the Platform is available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the platform may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.

8.14 In the event the platform has a technical failure, you agree to advise us as soon as possible so that any issues can be rectified and access to the Online Course and materials restored.

8.15 You will not reverse engineer or copy any part of the platform, Online Course or Materials for any purpose whether of a commercial or personal nature.

8.16 To ensure that the Materials and Online Course are fit for your intended purpose, we will provide a short quiz you can take to ascertain whether this content is suitable for your situation (“Example Material”).

8.17 Subject only to the Australian Consumer Law, in the event that you choose to proceed with the purchase, whether or not you have chosen to view the Example Material, no refund will be provided as this will be deemed a Change of Mind event, not a legitimate claim for lack of fitness for purpose given you had the opportunity to view the materials and determine the fitness before purchase, and the Intellectual Property of Iriks Consulting has been delivered to you and cannot be returned to Iriks Consulting.

9. CONFIDENTIALITY

9.1 You understand and agree that any information disclosed to Iriks Consulting will be treated with confidentiality and will not be disclosed to any persons under any circumstances except in the instances where a referral is to be made (Iriks Consulting will seek your permission to speak to this referral source); or we are ordered by a court or Government Agency to disclose information. Each Party must keep all Confidential Information in a secure location so that no unauthorised person is able to gain access to it.

10. INTELLECTUAL PROPERTY

10.1 Nothing in these Terms will affect the Intellectual Property Rights in material created by Iriks Consulting which existed prior to the Commencement Date (“Existing Material”) which remains our sole property at all times.

10.2 Given all of the materials created for you will include a significant amount of Existing Material copyright and Intellectual Property Rights of Iriks Consulting, unless otherwise agreed in writing, we will own the Intellectual Property Rights in all materials, plans, strategy documents, reports and other documents used in providing the Online Course created specifically for you whether this be non-personalised online courses and workbooks or personalised materials (“Created Materials”).

10.3 We grant you a perpetual, worldwide, non-exclusive and non-transferable licence to use the Created Materials while you remain a Financial Member but not to provide, give, sell or transfer to any third Party or to use those Created Materials or any Existing Materials for a commercial purpose not contemplated by these Terms.

11. PRIVACY

11.1 We must comply with the Privacy Act 1988 (Cth) (“Privacy Act”) in relation to Personal Information, as if the Client were an organisation bound by the Privacy Act, even it is not.

11.2 If we collect or have access to Personal Information in order to provide the Online Course or any other services, we will use best endeavours to:

(a) ensure that Personal Information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse;

(b) not use Personal Information other than for the purposes of performance of the Online Course, unless required or authorised by law;

(d) ensure that only authorised personnel have access to Personal Information;

(e) immediately notify you if Iriks Consulting becomes aware that a disclosure of Personal Information is or may be required or authorised by law;

(f) make its officers, employees and sub- contractors aware of Iriks Consulting’ obligations under this clause 11;

(g) comply with any reasonable request or direction you have arising from or in connection with the exercise of the functions of the Privacy Commissioner under the Privacy Act, and any guideline or regime on privacy as provided by the Client; and

(h) comply with such other privacy and security measures as the Client reasonably advises Iriks Consulting in writing from time to time.

12. LIABILITY

12.1 You agree that your participation in the Online Course, including all activities and travel associated with the Online Course, is entirely voluntary.

12.2 You indemnify Iriks Consulting and its officers, employees and agents (“those indemnified”) from and against any claim, action, demand, damage, loss, liability, cost, charge, expense, outgoing, fine or payment which any of those indemnified pays, suffers, incurs or is liable for arising out of or in connection with:

(a) any breach of these Terms by you; and

(b) any loss you or a third party suffers as a result of your relying on general information without getting advice from a professional adviser as to whether that information is suitable to your situation, and acting reasonably;

(d) any act or omission of fraud, dishonesty, reckless or wilful misconduct or misrepresentation, to the extent caused or contributed to by any act or omission by you.

12.3 Notwithstanding any other provision of these Terms, our liability under and/or in connection with these Terms will exclude any liability for indirect or consequential loss.

12.4 To the maximum extent permitted by Law, our aggregate liability in respect of any causes of action arising under or in connection with these Terms, whether in contract, tort (including negligence), statute, equity or otherwise, is limited to an amount equal to the cumulative total of the Online Course or first session of online coaching service which has been already paid or is payable by you to us.

13. IRIKS CONSULTING DISCLAIMER

13.1 We are not and do not hold ourselves out as an accountant, financial planner or legal advisor.

13.2 The Online Course and any online coaching sessions provided to you are not intended to be a substitute for legal or financial advice that can be provided by your own lawyer, accountant, and/or financial advisor taking into account your personal investment objectives, financial situation and individual needs.

13.3 The Online Course and any online coaching sessions provided to you are not intended to be a substitute for medical, psychiatric or psychological treatment, and are a guide to different tools available to deal with emotional response to various events.

13.4 You are responsible for ensuring that the Online Course and any online coaching sessions provided to you are used for the intended purpose. You agree to be liable as an agent for, and indemnity us for any loss suffered by, a third party who you purchase the Online Course or any coaching services for, where you have not made them aware of these terms or where they are aware of these

terms confirmed by you upon purchasing them, but do not agree to comply with them.

13.5 Whilst all care has been taken in preparing and delivering the Online Course to you, the information provided by Iriks Consulting is general in nature only and does not constitute personal advice based on that individual’s unique circumstances. Coaching sessions and content will vary greatly depending on your background, situation, needs, goals, desired outcomes, priorities, budget and other factors and the purpose of coaching is to set goals together for which you are responsible for implementing.

14. ENTIRE AGREEMENT

14.1 These Terms constitutes the entire agreement between the Parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing, in relation to its subject matter.

15. WAIVER

15.1 A waiver in respect of a breach of a term of these Terms by the other Party will not be taken to be a waiver in respect of any other breach. The failure of either Party to enforce a term of these Terms will not be interpreted as a waiver of that term.

16. SEVERABILITY

16.1 If any part of these Terms is void or voidable, then that part is severed from these Terms but without affecting the continued operation of the remainder of these Terms.

17. APPLICABLE LAW

17.1 The laws of the State of Western Australia govern these Terms and the Parties submit to the non-exclusive jurisdiction of the courts of Western Australia.