Thank You for choosing In Spirits Hands Pty Ltd T/A Samantha Calvani

These Terms and Conditions govern the relationship between the Parties.

By clicking “accept” You agree to these Terms and Conditions.

These Terms and Conditions (Terms) are read in conjunction with the information on the Booking Page (‘the Booking Page’) and the relevant course or program Information Page of the website (‘Information Page’). The Information Page can be found via the website.

1. Parties

You are the Client, and Your details are set out on the Booking Page of the Website.

AND -

Samantha Calvani (abn: 68 654 075 519) t/a In Spirits Hands Pty Ltd Pty Ltd of 46 Emery Cres Karabar, NSW 2620, Australia

 (‘In Spirits Hands Pty Ltd Pty Ltd’, Or ‘Samantha Calvani’ or ‘Samantha Calvani Coaching’).

In Spirits Hands Pty Ltd or Samantha Calvani or Samantha Calvani Coaching offers programs and courses provided through one-on-one and group settings, tailored to client needs and requirements (‘the Services’). You have engaged In Spirits Hands Pty Ltd to provide the Services.

2. The Engagement
   1. In Spirits Hands Pty Ltd agrees to perform the Services for You, for the Fees, Terms and on the Date/s as set out on the Information Page.
   2. Coaching Services are valid until 6 months from the Completion Date outlined in on the Information Page. This means that if You have purchased a coaching package, and do not use the coaching sessions by the Completion Date, You have 6 months from the Completion Date to use the sessions.
   3. In Spirits Hands Pty Ltd agrees to commence the Services on the Commencement Date, upon acceptance these Terms and Conditions, and upon payment of the required Fees by You. 
   4. The Commencement Date is outlined on the Information Page.
   5. Both Parties agree that the Services will be provided online via Zoom or through other online platforms as prescribed by In Spirits Hands Pty Ltd.
3. Fees
   1. You agree to pay In Spirits Hands Pty Ltd Pty Ltd the Fees as set out on the Booking Page.  
   2. The Fees payable to In Spirits Hands Pty Ltd Pty Ltd to perform the Services may be adjusted from time to time as agreed by the Parties in writing on account of changes in relation to the nature of the Services to be Performed by In Spirits Hands Pty Ltd Pty Ltd.
   3. You agree to make Payment of the Fees via the Website, by the due date of Your respective payment plan option.
   4. In the event that any payment under this Agreement is not made in full on the due date, In Spirits Hands Pty Ltd Pty Ltd is entitled to charge You interest at the rate of 5% per annum, calculated daily in addition to a fixed one-off administration fee of $50.00.
   5. You agree that if You default on any payments due and payable under these Terms, any costs incurred by In Spirits Hands Pty Ltd Pty Ltd for steps taken to enforce payment terms will be recoverable and payable by You.
   6. You acknowledge and agree that In Spirits Hands Pty Ltd Pty Ltd is not responsible for any third-party payment processing fees, bank fees, transaction fees, currency conversion fees and/or adverse currency fluctuations.
   7. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the Services are provided to individuals outside Australia, GST is inapplicable.
4. Cancellations, Refunds and Termination
   1. General Cancellation

1. You must notify In Spirits Hands Pty Ltd of an intention to cancel the Services as soon as practicable through e-mail to support@samanthacalvani.au and abide by the following (‘Cancellation Policy’).
2. The Services are non-refundable. This means that if You wish to terminate the Services early, all unpaid amounts of the Fees are non-refundable. If You are unable to attend a group session, You will not be provided with a refund.
3. For the sake of clarity, if You have chosen to pay through a payment plan and You wish to terminate the Servicesearly, In Spirits Hands Pty Ltd reserves the right to immediately collect all outstanding amounts of the Fees without notice by charging Your method of payment, and Your access to the Services will be revoked.
4. In Spirits Hands Pty Ltd may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
5. In Spirits Hands Pty Ltd reserves the right to terminate Your involvement in the Services for breach of these Terms with 7 days’ notice by e-mail.
6. If In Spirits Hands Pty Ltd terminates the Services, You agree to pay In Spirits Hands Pty Ltd for the portion of the Services completed up to the date and time of termination.
   2. Cancellation and Rescheduling of one-on-one sessions

1. Both Parties agree to reschedule any one-on-one sessions in writing.
2. In Spirits Hands Pty Ltd understands that things change, and therefore if You need to make a request to alter Your session time You agree to provide at  least 2 business days’ notice. Unfortunately, if You have to make changes within 2 business days of Your scheduled session, You will forfeit the session, and the Fees involved.

5. Delivery of Services and License Information

If You are purchasing Services that include access to an online educational platform the following clauses will apply.

5. 1. Each purchase of the Services grants to You access to the program through Kartra or any platform used from time to time, the Membership Portal (the ‘Membership Portal’).
   2. When You purchase a Services, In Spirits Hands Pty Ltd grants You a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Services and any related software, content, equipment or other materials for Your specific, non-commercial use only (the ‘Licence’).
   3. The Licence is valid for the term of the Services (‘Licence Term’). This means the Services will be viewable via the download link for the Licence Term only. After this time the Services will expire and You will no longer be able to access the Services.
   4. The Services are intended for use in a single household within the licence Term only. Sharing of Your Licence is prohibited. This includes the sharing of any supplemental Services materials, booklets, and access to any other aspect of the Services. 
6. Group Coaching

It is important to In Spirits Hands Pty Ltd that all participants are comfortable to fully participate in the Services. Therefore, if You are purchasing a group coaching program (Group Coaching Program)  the following clauses will apply.

1. As a participant in a Group Coaching Program (Participant), you expressly agree that you will not, through any means:

1. harm, harass, hassle or abuse other Participants; or
2. send un-welcomed communication such as spam to other Participants; or
3. act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
4. infringe the intellectual property or privacy rights of any Participant or any third-party.

2. In Spirits Hands Pty Ltd, at its discretion, reserves the right to remove, edit or alter any content created by you or on the Facebook Group or any other platform utilised in the delivery of the Services.
3. In Spirits Hands Pty Ltd retains the right to deny you access to the Services at any time for breach of this Agreement.

7. Warranty
   1. In Spirits Hands Pty Ltd will use its best efforts and take all reasonable steps to help You achieve your desired results. However, In Spirits Hands Pty Ltd makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results.
   2. The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, You are entitled to cancel this Agreement with In Spirits Hands Pty Ltd, and You are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
8. Disclaimer
   1. You are solely responsible for creating and implementing Your own medical, physical, career or business, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and Your sessions and interactions with In Spirits Hands Pty Ltd. As such, You agree that In Spirits Hands Pty Ltd is not and will not be liable or responsible for any actions or inaction, including effects on Your body, mind, business, personal life or career, or for any direct or indirect result of any Services provided by In Spirits Hands Pty Ltd.
   2. You understand that the Services are not a substitute for medical or mental health attention, examination, diagnosis and treatment. It is Your exclusive responsibility to seek such independent medical guidance as needed. In Spirits Hands Pty Ltd does not guarantee specific results or experiences through the use of the Services. Any information, advice, content or documentation provided through the Services, including within any accompanying resources, on the Facebook Group, displayed on the Membership Portal or on any other related platform do not constitute medical, professional, psychological or other advice, and are provided for general information and guidance purposes only.
   3. You understand that in order to enhance the relationship and sessions with In Spirits Hands Pty Ltd, You agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Services.
9. Liability and waivers

9.1. Liability

In Spirits Hands Pty Ltd’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.

9.2. Waivers

9. 1. A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
   2. The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.
10.  Disclosure and Use of Confidential Information
    1. All obligations of confidence set out in these Terms continue in full force and effect after completion of services.
    2. In Spirits Hands Pty Ltd must not disclose any Confidential Information to any third party without Your prior consent.
    3. This Agreement prohibits the disclosure of Confidential Information by In Spirits Hands Pty Ltd with exception to the following circumstances:
       1. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms has consented to the disclosure of such information to the professional adviser;
       2. the disclosure is required by applicable law or regulation; or
       3. if the confidential information is already in the public domain at no fault of In Spirits Hands Pty Ltd.
11. Copyright and Intellectual Property Rights

11.1. Intellectual Property Rights

1. You agree that any works, items, materials or information of whatever nature produced or developed by In Spirits Hands Pty Ltd or under In Spirits Hands Pty Ltd’ direction pursuant to or in the course of providing the Services will remain the sole and complete property of In Spirits Hands Pty Ltd, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
2. If You have fully complied with these Terms and if the works, items, materials or information referred to in clause 10.1(a) have been produced by In Spirits Hands Pty Ltd as part of the Services, In Spirits Hands Pty Ltd grants to You a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the Commencement Date.
3. There is no assignment of Intellectual Property Rights by In Spirits Hands Pty Ltd to You pursuant to these Terms.
4. Nothing in these Terms affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms.

11.2. Indemnification

You hereby indemnify and agree to keep indemnified In Spirits Hands Pty Ltd against all liability, losses or expenses You incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.

12. Force Majeure

1. If circumstances beyond In Spirits Hands Pty Ltd’ control prevent or hinder its provision of the Services, In Spirits Hands Pty Ltd is free from any obligation to provide the Services while those circumstances continue. In Spirits Hands Pty Ltd may elect to terminate these Terms or keep the Agreement on foot until such circumstances have ceased.
2. Circumstances beyond In Spirits Hands Pty Ltd’ control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
3. For the sake of clarity, if in In Spirits Hands Pty Ltd’ reasonable opinion, the provision of the Services will be affected by the COVID-19 Pandemic, In Spirits Hands Pty Ltd may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, In Spirits Hands Pty Ltd will not be liable for any losses or damage due to the COVID-19 Pandemic. If You choose to terminate an agreement due to the COVID-19 Pandemic, cl. 4 will apply.

13. Dispute Resolution & Mediation

We hope that a dispute between us does not arise, however in the unlikely event that it does, the following clause will apply.

1. If a dispute arises out of or relates to the terms of these Terms, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
2. A party to these Terms claiming a dispute (the Dispute) has arisen under the terms of these Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the Notice).
3. On receipt of the Notice by the other party, the parties must within 7 days from the date the Notice was served, attempt in good faith to resolve the Dispute as expeditiously as possible, including by negotiation or such other means upon which they may mutually agree.
4. If for any reason whatsoever, 21 days after the date the Notice was served, the Dispute has not been resolved the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of the Australian Capital Territory.
5. It is agreed that mediation will be held in the Australian Capital Territory, with the venue to be agreed.
6. The parties agree to be equally liable for the Fees and reasonable expenses of a mediator and the cost of the venue of the mediation and undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation.
7. All communications concerning negotiations made by the parties arising out of and in connection with this clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
8. In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute.

14. Marketing

You agree that any testimonials that may be provided by You from time to time may be used by In Spirits Hands Pty Ltd for marketing purposes.

15. No partnership or agency

Nothing contained or implied in these Terms will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

16. Governing Law & Jurisdiction
    1. This Agreement is governed by the laws of the Australian Capital Territory, Australia.
    2. In the event of any dispute arising out of or in relation to the Services, In Spirits Hands Pty Ltd agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in the Australian Capital Territory, Australia.
17. Severance

Any provision of these Terms which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provisions in any other jurisdiction.

18. Entire Agreement and Modifications

Both You and In Spirits Hands Pty Ltd confirm and acknowledge that these Terms, the Booking Page and Information Page of the website constitute the entire Agreement between You and In Spirits Hands Pty Ltd and shall supersede and override all previous communications, either oral or written, between the parties.