Welcome to the Yin Yang Consultancy website at www.yinyangconsulting.com.au (the “Site”) which is owned and operated by Kathy Rimmer and Yin Yang Consultancy (est 2014), Yin Yang Consultancy Pty Ltd (“Yin Yang Consultancy”, “us” or “we”). Contracts and invoices are with Kathy Rimmer, sole trader (ABN 11 339 547 916).
Yin Yang Consultancy and its affiliates provide their services, including this website, to you on these terms and conditions (the “Terms”). You should read and understand these Terms. By placing an order for products or services and/or continuing to use and access the Site, you are deemed to have accepted the Terms, as may be amended from time to time. Yin Yang Consultancy reserves the right to effect changes to these Terms by posting the amended Terms on the Site without further notice whereupon they will take immediate effect. If you do not agree with these Terms, do not use or access the Site or purchase any products or services from this Site.
Certain legislation in Australia may provide consumer guarantees or impose obligations on Yin Yang Consultancy which cannot be excluded, restricted or modified, or only to a limited extent. These Terms are subject to such legislation, including without limitation the Australian Consumer Law.
This Site is only directed at customers of legal age. By accepting these Terms you warrant that you are 18 years old or over and that you can form legally binding contracts under applicable law. If you do not qualify, you must not use or access this Site or purchase any products or services from this Site.
Purchase of Products and Services
All prices are in Australian Dollars and are exclusive of GST, unless otherwise indicated.
The products and services offered by Yin Yang Consultancy on the Site are as outlined on the Site at the date of purchase (the “Product and Services”). Yin Yang Consultancy reserves the right to make changes at any time to the Products and Services or to the price of any of the Products and Services.
By submitting an order you warrant that:
you can enter into a legally binding contract with Yin Yang Consultancy,
you are authorised and able to make payment via the method you have chosen;
the information you have provided is correct; and
your purchase is not made for the purpose of commercial resale.
A contract for purchase is only formed once we have accepted an order by issuing a receipt number.
Payment can be made by direct deposit or through our third party payment processors, Stripe and Square. Using these platforms, payment can be made with a valid credit card (Amex, Visa, and MasterCard).
Payment in full is due when the order is placed.
The terms and conditions of Stripe or Square, as applicable, apply to all payments processed through them. We cannot accept, and exclude to the fullest extent permitted by law, any liability relating to your use of Stripe or Square. By agreeing to these Terms and by continuing to submit an order, you agree to be bound by the terms and conditions of the payment processor you use.
Delivery
The Products and Services will be delivered as described on the Site at the date of purchase. If your purchase includes any downloadable material (including videos), you are responsible for ensuring that your computer can download and/or play the material.
Cancellation and Refund policy
We do not offer refunds or credits for missed appointments.
If you need to reschedule an appointment, you must provide Yin Yang Consultancy with a minimum of 24 hours’ prior notice.
If Yin Yang Consultancy needs to cancel an appointment Yin Yang Consultancy will notify you of the date of the rescheduled appointment.
Downloadable material is non-refundable once downloaded. If you encounter any problems downloading and/or playing the material, please contact us at [email protected].
User Content
You acknowledge and agree that any content that you transmit or upload to online forums, the blog or other interactive services on the Site (“User Content”) will be publicly available. Publicly available content may be viewed by other users of the Site, and may also show up on public search engines such as Google and Yahoo.
The Site includes forums and blog posts containing the personal opinions and expressions of persons who use the Site to post entries on a range of topics. Such opinions, expressions and other content published by users of the Site may not be screened, moderated or reviewed by us and, in no circumstances, are approved or endorsed by us.
By posting to or viewing forums and blog posts on the Site, you agree that we are not responsible or liable for the content of any postings.
You agree your User Content, and your conduct on the Site will not:
include obscene or offensive language or images (such as pornography or nudity);
defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
promote violence;
violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
include any offensive comments connected to race, national origin, gender, sexual preference or physical handicap;
reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
attempt to or impersonate any other party;
trick, defraud, deceive or mislead other users;
raise money for anyone or advertise or promote a product, service, pyramid scheme or other multi-tiered marketing scheme;
disparage, tarnish, or otherwise harm, in Yin Yang Consultancy’s opinion, Yin Yang Consultancy.
violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Yin Yang Consultancy on the Site;
upload or transmit (or attempt to upload or to transmit) viruses, trojan horses or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site.
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes called “spyware,” “passive collection mechanisms” or “pcms”);
use or launch any automated system, including without limitation, any spider, robot (or “bot”), scraper or offline reader that accesses the Site or use or launch any unauthorised script;
disguise or mislead on the source(s) of your User Content or other information you submit to the Site; and/or
interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site.
We reserve the right to remove any content in breach of clause 16 from a forum or blog post at our sole discretion, but do not have to do so. If we remove content you have posted, we may not notify you we have done so. You acknowledge that we do not screen or moderate all content posted to the Site by users.
You must not alter, damage or delete any content on the Site of which you are not the author, unless you have express permission from the author to do so.
Intellectual Property
All content and other materials available on the Site and in the Products and Services are owned by or licensed to us and are protected by intellectual property rights. You agree to abide by all copyright notices and other restrictions on the Site and in the Products and Services. We grant you a non-exclusive, non-transferable licence to access and use the Site for personal, educational and non-commercial use as permitted by these Terms.
You must not modify, copy, reproduce, republish, or display any content from the Site or from the Products and Services and represent it as your own (including by framing pages from the Site), upload to a third party, post, transmit or distribute this content in any way except as permitted by law or expressly provided for on the Site or expressly authorised in writing by us and, where relevant, any third party owner or rights holder.
Unless we notify you otherwise in writing, you are not authorised to use any of our trade marks, or any third party trade marks contained on the Site or in the Products and Services.
Before sharing any content or information on the Site, please ensure that you have the right to do so. You must not use or reproduce any material protected by intellectual property rights (including software, photographs and videos), if to do so would infringe the intellectual property rights of the owner or any other person with intellectual property rights in the materials.
You are responsible for all User Content and information that you post on the Site. By transmitting or uploading User Content to the Site, you grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide licence to use the User Content for any lawful purpose. You further represent and warrant to us that you own or have the right to:
use and reproduce all User Content that you post on the Site; and
grant such licence to us.
Right to Link this Site
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Yin Yang Consultancy so long as the link does not portray Yin Yang Consultancy or the Products and Services in a false, misleading, derogatory, or otherwise offensive matter as deemed by Yin Yang Consultancy. You may not use any Yin Yang Consultancy logo or other proprietary graphic or trademark as part of the link without express written permission.
Third Party Links and Content
The Site, or communications you receive from Yin Yang Consultancy or the Site, may link to third party Sites or provide third party content that we do not control, maintain or endorse. You acknowledge and agree that we are not responsible or liable for any third party content or third party site, including, without limitation, third party policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to, or arising from those third parties. Your correspondence and business dealings with others found on or through the Site or from the Products and Services including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the third party.
Warranties and Liability
Except for those required or implied by legislation and which cannot be excluded, Yin Yang Consultancy gives no express warranty in relation to your access and use of the Site or the Products and Services. Your access and use of the Site is at your own risk. All content on the Site and in the Products and Services is provided “as is”, with no warranties of any kind, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Yin Yang Consultancy does not warrant or make any representations of any kind regarding the content or any other feature or function of the Site, including without limitation:
that your access to the Site will be uninterrupted or error-free;
that any defects will be corrected; and/or
that the Site or the server which transmits content to you is free of any viruses or other harmful components.
While we have made every effort to ensure that information on the Site is free from error, Yin Yang Consultancy does not warrant the accuracy, adequacy or completeness of any content on this web site. All information is subject to change without notice.
Except to the extent the law provides that liability cannot be excluded, in no event will Yin Yang Consultancy or its affiliates or licensors and their respective employees, officers, successors and assigns be liable for any incidental, indirect, special, consequential or punitive damages, or for any damages whatsoever (including, without limitation, damages for injury to person or property, for loss of profits, business interruption, loss of data suffered, loss of business information, loss of privacy, cost of procurement of substitute goods or services, failure to meet any duty and negligence) which may be suffered or incurred or which may arise directly or indirectly from your access and use of the Site or the Products and Services.
Yin Yang Consultancy reserves the right to amend, terminate, suspend, cancel or discontinue any aspect, function or feature of this Site at any time, without notice or liability. You indemnify and agree to keep us indemnified from and against all damages, losses and expenses of any kind (including legal costs) incurred by us in connection with any claim made against us by a person in connection with:
with the Products and Services and your use of any information provided to you by Yin Yang Consultancy; and
your actions in accessing or using the Site or your User Content.
Governing Law
These Terms are governed by the laws of New South Wales, Australia, and you agree to the non-exclusive jurisdiction of its courts.