1. About the Website
   1. Welcome to (the 'Website'). The Website provides you with an opportunity to browse and purchase services that have been listed for sale through the Website (the 'Services'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
   2. The Website is operated by Samantha Calvani (abn: 68 654 075 519) under In Spirits Hands Pty Ltd (‘In Spirits Hands’). Access to and use of the Website, or any of its associated Services, are provided by In Spirits Hands. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
   3. In Spirits Hands reserves the right to review and change any of the Terms by updating this page at its sole discretion. When In Spirits Hands updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms

16609. accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by In Spirits Hands in the user interface.

3. Bookings of Services
   1. In Spirits Hands requires all bookings and purchases for the Services to be made via Acuity Scheduling or other booking systems as used from time to time (the ‘Booking System’).
   2. If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System.
   3. If you choose to proceed with the Services, you will be bound by the terms and conditions provided to you at the point of purchase.
   4. In using the Purchase Services to purchase a Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
   5. Payment of the Purchase Price may be made through the available payment methods (the 'Payment Gateway Providers')
   6. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
   7. Following payment of the Purchase Price being confirmed by In Spirits Hands, you will be issued with a receipt to confirm that the payment has been received and In Spirits Hands may record your purchase details for future.
4. Cancellation and Termination
   1. General Cancellation

1. You must notify In Spirits Hands 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  and products (i.e online bundles) 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 Services early, In Spirits Hands 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 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 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 terminates the Services, You agree to pay In Spirits Hands 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 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 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 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.

0. 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, 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 retains the right to deny you access to the Services at any time for breach of this Agreement.

7. Warranty
   1. In Spirits Hands will use its best efforts and take all reasonable steps to help You achieve your desired results. However, In Spirits Hands 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, 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. Services 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. As such, You agree that In Spirits Hands 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.
   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 does not guarantee specific results or experiences through the use of the Services.
   3. You understand that in order to enhance the relationship and sessions with In Spirits Hands, 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. Information Disclaimer
   1. Any information, advice, content or documentation provided on the Website, through the services or within Services, social media accounts, blog or on any other related platform do not constitute medical, professional, financial, business or other advice, and are provided for general information and guidance purposes only.
   2. All care is taken in the preparation of the information and published materials on the Website, through the services or within Services, social media accounts, podcast, blog, or on any other related platform. In Spirits Hands does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
   3. To the extent permissible by law, In Spirits Hands will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services, social media accounts, blog, or on any other related platform.
10. Copyright and Intellectual Property
    1. You acknowledge that the Website, the Purchase Services, In Spirits Hands’ name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by In Spirits Hands or its affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts, blog, within the podcast or on any other related platform (‘the Content’).
    2. You hereby indemnify and agrees to keep indemnified In Spirits Hands against all liability, losses or expenses incurred by In Spirits Hands in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of In Spirits Hands or any third party by you or your agents.
    3. You may not, without the prior written permission of In Spirits Hands and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
    4. For any Services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by In Spirits Hands, In Spirits Hands 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.
11. Privacy

1. Spirits Hands takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to In Spirits Hands’ Privacy Policy available here: https://www.samanthacalvani.au/privacypolicy.

12. General Disclaimer
    1. You acknowledge that In Spirits Hands does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms.
    2. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    3. Subject to this clause, and to the extent permitted by law:
       1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
       2. In Spirits Hands will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    4. Use of the Website, the Purchase Services, and any of the products of In Spirits Hands is at your own risk. Everything on the Website, the Purchase Services, and the Services of In Spirits Hands, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of In Spirits Hands make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of In Spirits Hands) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
       1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
       2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
       3. costs incurred as a result of you using the Website, the Purchase Services or any of the Services;
       4. the Content or operation in respect to links which are provided for your convenience;
       5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
       6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
13. User Generated Content
    1. If you choose to contribute any content to the Website or any other platform operated by In Spirits Hands, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).
    2. By contributing content to the Website, you grant In Spirits Hands a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by In Spirits Hands.
    3. Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree In Spirits Hands can use that information with your User Content for advertising and promotional purposes, or any other business purpose
    4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to In Spirits Hands social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to In Spirits Hands. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
    5. Please ensure you keep your own copies of Your Content as In Spirits Hands may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
    6. In Spirits Hands will endeavour to provide you with an appropriate credit when using Your Content on In Spirits Hands platforms, though you understand and agree this may not always be possible.
    7. TMS Client reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
14. Limitation of Liability
    1. In Spirits Hands' total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of In Spirits Hands is the resupply of information or Purchase Services to you.
    2. You expressly understand and agree that In Spirits Hands, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    3. In Spirits Hands is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of In Spirits Hands, by third parties or by any of the Purchase Services offered by In Spirits Hands.
15. Indemnity
    1. You agree to indemnify In Spirits Hands, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
       1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
       2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
       3. any breach of the Terms.
16. Venue and Jurisdiction

13031. Purchase Services offered by In Spirits Hands is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of the Australian Capital Territory, Australia.

17. Governing Law

13031. Terms are governed by the laws of the Australian Capital Territory, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of the Australian Capital Territory, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

18. Independent Legal Advice

27542. parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

19. Severance

1. any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.