Terms & Conditions

Last updated: 15/9/23


By purchasing the goods and services offered by the ESP Souls, you (the client) agree to be bound by, and confirm that you have the full power and authority to enter into and perform in accordance with, the following terms and conditions. This agreement is legal, valid, and binding, and the terms and conditions can be enforced. Any breach of these terms and conditions may lead to termination of the client-practitioner relationship and further action, including legal proceedings.  

ESP Souls may change the terms and conditions as deemed necessary, without notice. You are advised to review the terms and conditions from time to time. If you do not agree to be bound by any future changes, you should promptly notify ESP Souls (or your practitioner) and discontinue your use of the website. If you use the website, and engage in services with ESP Souls, after ESP Souls has posted changes to these terms on the website, you are agreeing to be bound by all of the changes.  

Please refer to the Privacy Policy found here.  

By doing business with ESP Souls (accessing the website, purchasing of products and services offered by ESP Souls) clients and all staff of ESP Souls agree that they have entered into a contract as per law in Melbourne, Victoria, Australia. In addition to complying with all restrictions on conduct and content, ESP Souls and clients are responsible for adhering to all local and national laws that pertain to their location, wherever they are. The failure by any party to exercise any right provided herein shall not be deemed a waiver or forfeiture of any such right.

WEBSITE
ESP Souls may, at its discretion, suspend or terminate operation of the website for maintenance or other reasons. In addition, technical and other issues may make the ESP Souls website unavailable from time to time. ESP Souls makes no commitment, warranty, or guarantee that the website will operate in a timely, uninterrupted, or error-free manner, or that the website will meet ESP Souls' or the user's purposes. ESP Souls may also, in its discretion, modify the features, availability, operation, and/or look and feel of the website from time to time without notice to our users.

ESP Souls and its staff accept no liability to clients for any direct, incidental, consequential, or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, use of, inability to access, or reliance on the website or during an appointment.  While ESP Souls attempts to ensure the accuracy of information provided on the website, ESP Souls does not guarantee the accuracy of information, the suitability of products, or anything else.  

The website, and all other goods and services produced or supplied by ESP Souls come “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.


COPYRIGHT AND TRADEMARK INFRINGEMENT

ESP Souls owns all content on this website and associated social media accounts. Any unauthorised use of any portion of the content on owned websites or social media accounts, will be an infringement of ESP Souls copyright and trademarks. Unauthorised use of copyright material will be met with legal action. All users agree that they will be liable for any unauthorised use of ESP Souls copyrights and trademarks.

ONLINE DELIVERY OF PRODUCTS AND SERVICES

Some products and services delivered on Zoom will be recorded and sent to you. You will receive a link via email to download for you to keep for your records. This is for your personal use and should not be used commercially. There is a time limit on how long the recording is available online, so it is recommended that you download promptly. If you have any trouble accessing this, please email [email protected]

Not all bookings are recorded so refer to the custom service agreements below.

PAYMENTS

All online sessions, workshops, and purchases are paid in full at the time of booking. All prices are not inclusive of GST for Australian customers unless otherwise stated. A tax invoice for purchases will not be automatically provided but is available on request.


Payment for goods and services purchased from ESP Souls is by way of an internet secure payment system sourced from a third party. Please refer to Stripe’s terms and conditions for particulars regarding the transaction.

All pricing is stated, and charged, in Australian Dollars (AUD).

PRICING

Price rises should be expected each July of approximately 4%, though this may vary depending on rates of inflation. Price rises are at the discretion of ESP Souls and will be clearly communicated to current/ongoing clients and stated on the website.

RESCHEDULES AND CANCELLATIONS

In the event that you need to reschedule a booked appointment with ESP Souls, a minimum of 24 hours notice is appreciated. Less than four hours notice to reschedule will be considered a 'non-attendance' and will be subject to the non-attendance clause of the specific service booked. Fees may apply.

Cancellation of a booked appointment is subject to the cancellation clause of the specific service booked. Depending on the nature of preparation work completed prior to the appointment, fees may apply (irrespective of notice given).

REFUNDS

Due to the nature of the preparation and delivery work involved, unfortunately, there are no refunds or returns on services delivered. Refunds do not apply for purchase of e-courses, programs, and digital products available and sold on this website. Refunds do not apply to ticket purchases for events.


Specific refund terms and conditions may apply for particular services and will be outlined in the custom service agreements below.


All provisions of this agreement relating to payment, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination. If any part of this agreement is unenforceable, the unenforceable part shall be severed to the extent that it is unenforceable, and the remainder enforced to its full effect.

If you have any queries, please contact ESP Souls at [email protected]

Holistic Counselling Sessions

Last updated: 14/4/24

Please take some time to read through the information below carefully. The purpose of these Terms & Conditions is to clarify the roles and expectations for our relationship moving forward so we can have clarity about our time working together.

PAYMENT

All sessions booked must be paid for up front either as a single session or as part of a package. Appointments are not confirmed until payment is received. Pricing of sessions and services is subject to change and there is no guarantee that ongoing sessions will remain at the same rate. There is no guarantee that packages and payment plans will remain at the same rate. If you would like to pay upfront for a predetermined time frame (eg. 3 months) or number of sessions (eg. 12 sessions) separate to the current offered package(s), please contact [email protected] and a personalised quotation will be provided to you.

ONLINE DELIVERY OF SESSIONS

Holistic counselling sessions are all conducted online via Zoom and are not recorded. These may be conducted via phone on request.

SUPPORT OUTSIDE OF COUNSELLING SESSIONS

ESP Souls and the practitioner are available via email and text message for brief questions or to share some news for current clients. It is at your discretion to determine whether it is appropriate to contact the counsellor but content and existing relationship should be considered. For anything requiring an extensive reply or support, you are advised to raise this in your next counselling session. The practitioner may not respond for up to 48 hours within standard business times of Monday - Friday 9am - 5pm AWST.

SOCIAL MEDIA POLICY

ESP Souls business social media accounts will seek to maintain client-practitioner boundaries and will not follow any client's personal accounts. Any practitioner/therapist accounts are not permitted to follow client accounts. Any practitioner/therapist cannot be ‘friends’ with clients on Facebook.

MEDICAL ADVICE
You understand that holistic counsellors are not medical professions and cannot diagnose, treat, prevent, or cure any condition or disease. Holistic counsellors also are not able to comment or give advice on medication prescriptions. Holistic counselling is considered outside of mainstream medical treatment and is an unregulated industry. All practitioners are members of a professional body and uphold a Code of Ethics.

RISKS
You, the client, are responsible for your own welfare and safety during the sessions. If you are unsafe or at risk, you are responsible to mitigate any risks or dangers, including if that means ending the session. These may include but are not limited to; physical risks within your environment and cyber risks associated with online sessions.

All advice, suggestions, and healing conducted is based on the practitioner's study, training, and life experience and you understand that the practitioner will offer you perspectives they have found effective in client's and their own personal lives, but there is no guarantee of any particular outcome. ESP Souls and the practitioner are not responsible for any risks or consequences of risks, advice given, or life changing decisions. You acknowledge your choices, decisions, actions and results between sessions are your sole responsibility. ESP Souls and the practitioner are not and will not be liable for any actions or inaction, or for any direct or indirect result of any services that have or have not been provided. Your journey is your responsibility and only you know what is right for your life.

EARLY TERMINATION OF A SESSION

You, the client, may choose to end a session at any time prior to the end of the allocated booking time. You are empowered to be in control of the session and if, at any time, you would like to cease the counselling session, you may do so. This decision will forfeit any remaining time of the session; there is no partial refund for, or ability to reschedule, any unused minutes. If the issue you would like to discuss is outside of the practitioner's scope of practice, you will be advised of this and encouraged to explore another topic more suitable to the holistic counselling session. Every effort will be made to provide you a positive and supportive holistic counselling session. However, you may elect to terminate the session instead, forfeiting any remaining time. Please note: it is ethical and best practice to provide you with a referral to another practitioner / medical specialist for any topics outside of the practitioner's scope of practice.

If, for any extenuating circumstances, the practitioner needs to terminate the session prior to the end of the allocated booking time, the full cost of the session will be refunded or you, the client, will be given the option to reschedule the appointment in full.

CANCELLATION POLICY

All cancellations must be made in writing or via the link provided to you via email. Any sessions cancelled with greater than twenty-four hours notice will be eligible to be rescheduled to another time or offered a refund of the session cost (minus transaction fees). Any cancellation of a package session with greater than twenty-four hours notice will be eligible to be rescheduled or remain on the client's account to be rebooked in the future.

If you, the client, have purchased a package of sessions and no longer wish to engage in the holistic counselling services provided by ESP Souls, you may be eligible for a partial refund of sessions unused. Request to terminate your relationship with ESP Souls must be made in writing and must be within 30 days of purchasing the package. Any sessions that have been completed will be deducted from the total amount paid at the equivalent of the full rate of single sessions. The additional package inclusions (eg. gift box, weekly card readings, etc) are not able to be refunded and will be deducted from the total eligible for refund. The remainder of the sum will be refunded - ie. number of unused counselling sessions - (minus any transaction fees).

Cancellations made by ESP Souls or the practitioner may occur from time to time due to sickness or extenuating circumstances. As much notice as possible will be given to reschedule the session.

ESP Souls and its practitioners reserve the right to terminate any contract or relationship with a client at any time. Refund of any unused sessions will be issued in line with the cancellation policy.

Should the practitioner, for any reason, decide to cease offering holistic counselling services, any clients with sessions remaining on their account will be contacted to arrange those sessions to be fulfilled. Failure to respond or arrange bookings prior to the cessation of the service will result in any remaining sessions to be forfeited. Refunds may be issued in line with the cancellation policy if less than 30 days has lapsed from time of purchase to closure of services.

NON-ATTENDANCES

A failure to attend a booked appointment, or cancellation/reschedule with less than twenty-four hours notice, is considered a non-attendance. Non-attendances are charged a fee at 50% of the current single session rate. This non-attendance fee must be paid prior to rescheduling the missed booking. This may be waived on the first occurrence on good faith at the discretion of ESP Souls or the assigned practitioner but will be enforced for multiple (two or more) non-attendances. If a non-attendance occurs on a package session, you (the client) may elect to forfeit the session instead of paying the non-attendance fee.

A 10-minute grace period will be allowed in the instance that you are running late. After this (without any contact from you), the session will be marked as a non-attendance.

BONUSES & SPECIAL OFFERS

Any package bonuses or periodic special offers (eg. gifts, etc) will not be supplied until after the first session has been completed.

DURATION OF SERVICES

Holistic counselling is oftentimes a medium- to long-term process. Sessions are available to be purchased individually but packages are available at a discounted price to support your ongoing healing. It is not possible for ESP Souls or the practitioner to advise on the duration of therapy/counselling required; this is a decision solely for you, the client, and is often influenced by the duration of your reason for seeking support (ie. presenting complaint). A commitment to multiple sessions will often yield more predictable and favourable results. Effort to transfer the content, skills, and perspectives discussed during sessions to your day-to-day life is the most effective way to benefit from therapy/counselling.

One-off 'tune ups' are beneficial to past/ongoing clients and are encouraged.

CONFIDENTIALITY

In working together, it is extremely important that the relationship is built on trust. As such, ESP Souls is committed to maintaining strict confidentiality. All information (written or verbal) that you share with your practitioner, and vice-versa, as part of this relationship will be kept confidential unless disclosure is required by law.

Any staff, external parties, or subcontractors of ESP Souls may have access to your basic information or email correspondence, and they have agreed to maintain strict client confidentiality in their role with the business, during and after the period of this agreement. They will not have access to any session notes or therapy logs; this information is stored separately and securely.

Your practitioner may share the nature of the sessions (without your personal details) with another professional for the purpose of debriefing or seeking advice or guidance on how to best be of service.

You agree not to transfer or disclose the details of this agreement to any third-party.

While ESP Souls will do our best to maintain security and confidentiality of all information shared, we take no responsibility for the security of information shared via third party platforms such as Facebook, Messenger, Zoom, Voxer or Email.

DISPUTE RESOLUTION

Subject to the provisions of this agreement, any dispute arising out of, or in connection with, this agreement must be resolved in accordance with this clause. A dispute, as referenced in this agreement, is classified as an issue that cannot be resolved between the two parties amicably. Should any issue arise between the parties, the first process is to document and discuss the issue to attempt to come to an agreed resolution. If an agreement cannot be made, the parties must refer the dispute to mediation by a professional agency. The reference to mediation commences when any party gives written notice to the other specifying the dispute and requiring its resolution under this clause. Any information or documents obtained as part of the reference under this sub-clause must not be used for any purpose other than the settlement of the dispute under this sub-clause. If the Dispute is not resolved within thirty (30) days of the commencement of the reference under this clause either party may then, but not earlier, commence proceedings in any court of competent jurisdiction.

Unless a party has complied with the mediation procedure provided for in this clause for resolution of disputes that party may not commence court proceedings relating to any dispute, except where that party seeks urgent interlocutory relief. Where a party fails to comply with the mediation procedure provided for in this clause any party in dispute with the party so failing to comply with this clause need not to comply with this clause before commencing court proceedings relating to the Dispute.


By checking the “Accept Terms & Conditions” check box at the online checkout, you confirm you have read, understand, accept and will abide by these Terms & Conditions. Should you have any concerns or questions about these Terms & Conditions, please contact [email protected]

P: 0493 717 993

Based in WA, Australia

© 2024 ESP Souls