CLIENT TERMS

Welcome to our Tap 2 Move On coaching services. We offer coaching services which may include Emotional Freedom Techniques (EFT) to assist you to improve your general health.

 

These Client Terms (Terms) apply to all clients using our Services.

By instructing us to proceed, by using the Services, by making a payment to us, or by ticking the box to confirm your agreement to our Terms, you agree to be bound by these Terms as well as any and all general terms and conditions posted on the Website from time to time. If you do not wish to agree to these Terms or you do not understand them then you must stop using the Website and the Services immediately.

These Terms may be updated from time to time. Any updated Terms will be published on our Website. By continuing to use the Services and/or pay the Fees after the updated Terms have been communicated to you and/or published on the Website, you agree to the updated Terms.

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DEFINITIONS
Confidential Information means any written or oral information that is provided or disclosed by either party directly or indirectly through any means that is not already in the public domain, and may include information about business matters, know how, methods, methodologies, procedures, techniques, health information and personal information.

Fees means any fees payable by you in consideration for our provision of the Services to you.

Materials means materials, workbooks, videos, literature, questionnaires, email content, educational resources, recordings or any other material which we may provide you as part of the Services.

Personal information has the same meaning as set out in the Privacy Act 1988 (Cth).

Services means any Emotional Freedom Techniques (EFT) tapping sessions, courses, workshops and programs which we may offer from time to time.

We, Our and Us means Michal Goldenberg t/a Tap 2 Move On (ABN 48 372 450 018) including any coaches, contractors, affiliates and other service providers that we may engage from time to time.

Website means https://www.tap2moveon.com.au or: https://www.tap2moveon.com.au

You, Client means the client and individual using the Services.

 

 

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HOW IT WORKS

We start with our offer of a free 15 minute discovery call to discuss your lifestyle, so we can get to know you, to understand your goals and to assess if we may be able to assist you. We can then recommend a number of sessions or a program to assist you to improve your lifestyle and help to get you closer to your goals. 
You can also book our Services directly if you prefer.

 

You are bound by these Terms when you instruct us to proceed, when you make a payment, or when you click the box on the Website to confirm your agreement to these Terms. By doing any of these things, you agree to be bound by these Terms as a client receiving the Services.

 

 

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STANDARDS OF SERVICE

We will provide the Services to you in accordance with these Terms.

 

We will provide the Services in a professional manner and in accordance with generally accepted industry practice and standards and will ensure that any contractors, consultants or representatives that we may engage from time to time will have the relevant qualifications or experience and are under the same standards or requirements.

 

We will provide you with personal exercises, which may include daily techniques, plans and tips to implement into your days and lifestyle from time to time. The success of the Services is dependent on your commitment to following the recommendations provided.
 

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SERVICE FOR MINORS

Services may be provided to individuals under the age of 18 only with the express consent of a parent or legal guardian. By booking a service on behalf of a minor, the parent or guardian acknowledges and agrees to the following:

• They are legally authorised to consent on behalf of the minor.

• They accept full responsibility for the minor’s participation in the service.

• They agree to the Terms of Service and Privacy Policy on behalf of the minor.

• They understand that relevant session information may be shared with them, unless otherwise agreed, to ensure the safety and well-being of the minor.

All minors must be accompanied by appropriate parental consent before beginning any services. The service provider reserves the right to decline or discontinue services if appropriate consent is not obtained or verified.

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PAYMENT AND REFUNDS

You are required to and agree to pay the Fees to us in consideration for the Services. Our Fees vary depending on the Services provided and may also be updated from time to time. Our current Fees will be posted on our Website or communicated to you at the time that you engage us.

 

By agreeing to these Terms you authorise payment for the Services. In the event that you have chosen payments to be made on a recurring basis, you hereby authorise such payments to be deducted by us until the full payment has been made under these Terms.

 

All Services are non-transferrable. In addition, the Services may only be attended by you personally and not by any other person or third party unless agreed in advance by us.

 

Services will only be provided once we have received payment for the Services unless otherwise agreed in writing.

 

In the event that we do not receive payment of the Fees from you when required, or if you do not perform your obligations under these Terms, we may refuse to continue to provide the Services and may terminate the engagement immediately without notice.

 

All payment information will be kept in a secure manner in accordance with Australian privacy requirements. Please refer to our Privacy Policy for details on how your information will be kept secure.

 

Refunds: We do not offer any refunds for Services and sessions that have been provided. If you have prepaid for a number of sessions which have not yet been provided, we offer a prorata refund for these sessions less an administration fee to process your request.

 

Any other refund is in our sole discretion.

 

 

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CANCELLATIONS

We understand that from time to time you may need to reschedule an appointment. Should that happen, to avoid incurring unnecessary costs to you, please notify us as early as possible so that we can reschedule your session and offer this time slot to someone else. You can also reschedule your session via our online portal on our website.

 

Any cancellations received by us less than 24 hours prior to your scheduled session will incur a cancellation fee equal to 100% of your Fee for the scheduled session.

 

In the event that we are required to cancel any session, we will either reschedule at a time convenient to you, the session will be transferred to another date, or the Fee for the session will be refunded depending on the circumstances appropriate and available to both parties.

 

If you are late to the session, your session will finish at the scheduled time in order to avoid negatively impacting any sessions after yours. You will also be charged for the full Fee for the session.

 

If you fail to attend your scheduled session without any notice or contact by you, you will be charged the full Fee for the session.

 

GROUP SESSIONS: Any group sessions and sessions that involve other participants cannot be rescheduled. If you are late for any group session or that session is missed, it cannot be made up or rescheduled. We ask that all Clients are on time for all group sessions to help ensure minimal disturbance for the other participants.

 

Any other cancellation term is in our sole discretion.

 

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YOUR ACKNOWLEDGEMENT AND REPRESENTATIONS

By engaging our Services, you certify to us that you are physically, emotionally and mentally capable of participating in the Services, have obtained approval from your medical practitioner prior to the Services where appropriate, and you assume all risks for the Services.

 

You further acknowledge and agree that:
 

• results of the Services will vary from individual to individual, as performance, progress and success of any particular part of the Services are dependent on the individual and other factors beyond our control. We cannot and do not guarantee any particular results and you are solely responsible for your own progress. If at any time during the Services you feel that your progress is not as expected, it is your responsibility to advise us immediately of any concerns in order to give us an opportunity to address the concerns and assist you. We will use reasonable efforts to resolve the concerns, however at no time do we guarantee or warrant any increase or altered progress or performance; and

• we may, from time to time or as part of the Services, recommend exercises, activities, lifestyle changes and techniques involving tapping activity. If you have or suspect that you may have medical issues, health issues, or other personal circumstances which may be affected or negatively impacted by any of these courses of action, or, after taking any course of action recommended by us, find that you may have or are experiencing side effects which are uncomfortable or concerning, you should stop any regime and promptly contact your professional healthcare provider. Any statements either on the Website, in the Materials, or made by us during provision of the Services regarding any course of action are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease or medical condition.

 

 

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GROUP SESSION RULES

Any recommendations, comments, information, experiences or other discussions you may participate in (Comments) during any group session must comply with these Terms and be made in the spirit, culture and ethos of the group session and our purpose generally.

 

Confidentiality is paramount to any group session. You acknowledge that all discussions, conversations and, in particular, any identification of any individual is to be kept confidential and not to be discussed or disseminated at any time outside the group. In the event of any breach of this fundamental rule, immediate termination will result and legal action may be taken.

 

Comments are not permitted that:

• use aggressive, rude or offensive language

• encourage illegal intent including false claims defamation, harassment, fraud and collusion

• solicit business

• are abusive or malicious against or may offend any other participant, our staff or any third party

• are objectionable or rude

• may be considered bullying behaviour;

Any Comments and your experiences are meant to try to help other members of the group, be supportive, and to share your guidance and information. Our aim is to encourage helpful comments and feedback in a safe and secure environment and hope that you will assist, benefit and enjoy this initiative. We ask that you carefully consider any Comments you may make and the impact they may have in a respectful manner.

You understand and agree that we may ban any person that, in our sole judgment violates these Terms, or that might violate the rights of, harm, or threaten the safety of other participants in the group. You may be banned from accessing the group and our Website at any time, without notice, and in our sole discretion.

You understand and agree that Tap 2 Move On may take any other action, where required, against any person that does not abide by these Terms or where action is taken against us by any person, visitor or third party as a result of your Comments.

 

Any action you choose to take with any other participant or person in any group, outside the group or indirectly through our Services, including but not limited to the provision of your personal information, telephone, email, arranging a meeting, setting up social media groups or other activities with anyone is at your own risk. We are at no time responsible for or liable for any action you choose to take under any circumstance.

 

 

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RECORDING OF GROUP SESSIONS
You understand that we may, from time to time, record our group sessions and make them available to you as part of our Services (‘Group Recordings’). By using our Services, you give us permission to make audio and/or video recordings of our group sessions and provide them to other group members. We will advise you at the time of the recordings and if you do not wish to participate in any recording, you must let us know prior to any recording and session, in writing.

You may access the recordings provided to you until our engagement and Services are cancelled or terminated under these Terms.

This recording and anything provided to you as part of our Services, is for your own personal individual use and is not to be shared, on-sold, transcribed, derivative copies made, discussed on public forums or otherwise used outside of the terms and purposes agreed.

If you do not wish to have any group session you are participating in recorded, please let us know in writing and also at the time of the session.

Both you and we agree to:
(a) keep confidential and secure;
(b) not use directly or indirectly; and
(c) not disclose directly or indirectly,
all Group Recordings provided under these Terms or as part of the Services.

 

OUR WARRANTIES
Legislation may confer certain rights, warranties, guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (ACL). At no time are these statutory rights sought to be excluded.

We represent and warrant that:

• in providing the Services, we will comply with all law and industry standards;

• the work performed to provide the Services will be done to a high standard in accordance with best practice; and

• the scope of the Services will be limited to that agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in our sole opinion, it would benefit you or be required to meet the requirements of these Terms.

In the event that you are entitled to a refund under the ACL then we will be glad to process a refund upon your request. If you believe that you are entitled to a refund then you must provide written notice of your request. In the event that you are not entitled to a refund under the ACL, any other refund may be provided in our sole discretion. At no time do we seek to exclude or limit your statutory rights with respect to any refund.

 

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WAIVER

Our Services involve touching and pressure on sensitive areas of your body where we guide you to tap your body as part of the Services. You acknowledge that some Services may involve techniques that may cause sensitivity or discomfort including but not limited to emotional sensitivity or physical experiences. You are at all times responsible for your own physical health and emotional well-being and should consult your medical professional prior to commencing any new techniques that may impact your health or well-being. If you, at any time, feel extreme discomfort or intense impact as a result of any of the sessions or services, you should cease any further activity and immediately consult your medical professional.

 

Further, you hereby release and forever discharge us, and all affiliates, managers, agents, staff, volunteers, representatives and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss that you may suffer as a result of participation in the aforementioned Services.

 

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of us, and all affiliates, agents, staff, facilitators, volunteers, heirs, representatives, predecessors, successors and assigns.

 

 

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DISCLAIMER

The Services, Materials, website and any other information provided by us hereunder are provided on an ‘as is’ and ‘as available’ basis. We disclaim all warranties of title, merchantability, non-infringement of third-party rights, fitness for a particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade in connection with the Services.

 

You expressly agree that your use of and any reliance you place on the Services and the Materials is at your sole risk. By agreeing to these Terms, you accept, agree, and understand that you are fully responsible for your results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your health, wellness, wellbeing, or results of any kind. You alone are responsible for your actions and results which are dependent on personal factors including, but not necessarily limited to, your personal circumstances, situation, health, effort, skill, knowledge, and ability, to name just a few.

 

Our Services are educational only and are not a substitute for any medical, psychological, mental, emotional or other professional health diagnosis, medical attention, treatment or advice and are not intended to replace the proper advice from a fully qualified medical practitioner.

 

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LIMITATION OF LIABILITY AND INDEMNITY

We are in no way liable for any loss or damages whether direct, indirect or consequential which you may suffer in reliance directly or indirectly on all or any part of the Services, the Materials, the Website, or any related information.

 

You shall indemnify us and hold us harmless from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against us in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).

 

Our liability is governed solely by the ACL and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded. You acknowledge and agree that you use the Services, Materials, and Website at your own risk. In engaging the Services, using the Materials, or using the Website, you agree that you are liable for and agree to indemnify and hold us harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, from a misuse of the Services, Materials or Website, or in connection with any of the Services, Materials or Website, including but not limited to any third-party claims.

 

You agree that some Services may involve health or other personal and wellbeing management discussions. The Services, Material and any other information which you receive from us, from the Website, or in connection with the Services (Information) should not replace discussions with qualified suitable healthcare professionals where relevant to your condition and should not be used to diagnose or replace any professional treatment or management of any particular existing condition.

 

All decisions about any treatment and management of any condition must be made with a relevant healthcare professional and you agree and acknowledge that any reliance on any Information, is done at your own risk. You are at all times responsible for your own physical health and emotional wellbeing. We recommend that any pre-existing condition be treated by a suitable medical professional and that any information provided via the Services, the Materials or the Website is not to be relied on in substitution. You agree to advise us of any pre-existing medical, physical or other conditions which may directly or indirectly affect or impact the Services or of which we may need to be aware. In any case, our liability is limited at all times to the amount of the last invoiced Fees paid by you.

 

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DISPUTES

If at any time any aspect of the Services are not reasonably acceptable to you, or if you disagree with us for any reason in relation to the Services, you must immediately notify us of any such reason and the specifics of your concerns and you must give us a reasonable opportunity to respond and address any concerns. Feedback and discussion are important to the sessions and provision of the Services and it is up to you to provide such feedback in order to give us an opportunity to resolve any issue quickly and effectively. If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time must any communications or discussions be made public, including but not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim. In the event of any dispute in relation to the Services 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 will pay its own costs.

 

 

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RELATIONSHIP

The relationship under these Terms is that of principal and independent contractor. These Terms do not make either party a joint venturer, partner, employee or agent of the other. No act or omission of either party is to bind the other party except as expressly set out in these Terms.

 

 

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INTELLECTUAL PROPERTY

We may provide you with Materials from time to time during and to enable the provision of the Services. All Materials are provided without warranties of any kind, both express and implied. Any Materials, analyses, reports, records of client consultations and discussions and other intellectual property, both tangible and intangible, which are provided or may be developed as a result of or during the Services are and will remain our property at all times. No Materials may be reproduced or used for any purpose other than your personal private use and at no time may the Materials be reproduced and provided to third parties without our express written permission. Any download links we provide to you as part of the Services must be downloaded before the time and dates indicated on files and content.

 

 

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INFORMATION PROVIDED TO PERFORM THE SERVICES

Both parties agree to:

• keep confidential and secure;

• not use directly or indirectly; and

• not disclose directly or indirectly, all Confidential Information provided under these Terms or as part of the Services except:

• as required by law or any regulatory authority;

• with the express written consent of the party that provided the information; or

• which the party using or disclosing the information or otherwise can establish is in the public domain (other than through a breach of these Terms by that party). These confidentiality provisions will survive the termination of the engagement between the parties and will remain until the Confidential Information becomes part of the public domain.

 

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TERMINATION
For any breach of these Terms, the party that has committed the breach must remedy or rectify the breach promptly. We may, in our sole discretion, decide to stop the Services for any reason including if we believe that the working relationship has broken down including a loss of confidence and trust, or for any other reason outside our control which has the effect of compromising our ability to perform the Services. In the event of such termination by us, payment of any Fees must be made up to the date of the last Services and any other monies paid in advance will be refunded to you. In the event of any termination by you, payment of all Fees for the full Services as agreed becomes immediately due and payable unless otherwise agreed by us.

 

 

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PRIVACY

We take our privacy obligations very seriously. We may use the information we collect about you to maximise the Services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please refer to our privacy policy for further information about what information we collect, how we use it and store it, and your rights in relation to it.

 

 

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GOVERNING LAW

This Agreement is governed by the laws from time to time in force in the State of Victoria. Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.