Introduction

Welcome! This website, www.livingwholistically.com.au is owned and operated by Zoe Boyce trading as Living Wholistically (ABN – 97780793362). If you have any questions or need further information, please reach out to me, by emailing me.
This document sets out the Terms and Conditions you need to be aware of when using this website or purchasing from me. Please take a moment to read it, as it sets out the terms of our relationship so that we may benefit from clear boundaries and knowing what to expect from each other.

When you visit this website, or purchase my services, you agree that you are over the age of 18 and willing to be bound by these Terms & Conditions. If you don’t agree, you should not continue to visit this website or purchase anything from me.
All services advertised on this website are offered in compliance with Australian Consumer Law.

These Terms & Conditions may be changed or modified from time to time. Please check back regularly to ensure you are aware of any changes.
There may be additional, specific terms of service provided to you in relation to my services. If there is any inconsistency between this document and those specific terms of service, these Website Terms & Conditions are overruled to the extent of the inconsistency.

Content Disclaimer

On this website and in my email newsletter, I provide information about signs and symptoms as the language of your body and how to understand what they are indicating, as well as natural healing strategies. You will find a lot of mindset work and information regarding your nervous system and how past trauma relates to your current health. This content is provided solely for your education, personal growth and development to help you understand the root cause of dis-ease and illness in your body, learn the language of your body and what it is telling you, plus teach natural healing strategies you can implement to create a strong foundation of health. I aim to support you in uncovering the stuck emotions and bad health habits that are holding you back from living your most healthy and authentic life. I want to empower you with knowledge and practical tools that you can use for life, long after you have left my corner of the internet here.

Content Policy

Please be aware that the generalised health information I provide on this website and in my email newsletter, whilst hopefully beneficial to you, is not a substitute for specialist advice tailored to your individual circumstances.
It is important you understand, that there is no professional relationship formed between us by your visit to my website unless you explicitly choose to work with me by purchasing my services.

Any testimonials or results I may display on this website are based on my experience and those of my previous clients. They are not guarantees that anyone else will achieve the same results.

While I take all reasonable care to ensure that the content I create is accurate, relevant and up to date, I make no guarantees and disclaim any legal liability for inaccuracy, incompleteness or error. If you find something that seems wrong or problematic, it would be very helpful if you let me know!

I may modify my free content at any time, including altering or deleting it without notice. Within my paid programs, clients will be given notice of the change and a set time to download copies of the original content they have paid for.

Visitor Responsibilities
You are responsible for your own safety and wellbeing while browsing the internet. Do not act on anything you read without first conducting your own research, consulting appropriately qualified professionals, and making informed choices about what is right for you, based on your personal circumstances. I highly encourage you check in with you intuition and own inner knowing before implementing any changes based on the content I (or anyone else) has created and made available.

It really should go without saying, but as a user of my website, you agree not to behave maliciously, spam any other user, post defamatory content about anyone, infect any aspect of my website with malware, hack into any part of my website where you don’t have my permission to be, or use my website for any purpose other than consuming my content, engaging in my programs, and purchasing my services. You also agree not to use my website or content in any way that is unlawful or harmful to any other person or business. If you do, I have the right to refuse you service and ban you from accessing my website or email newsletter.

Downloads
This site may offer paid and free downloads. While I take cybersecurity seriously and make every reasonable effort to ensure these downloads are safe and hassle free, I am not responsible for any viruses or other damage which might occur as a result of you downloading material from this site. Please make safety your priority and ensure you have adequate internet security to protect yourself against malicious interference from cybercriminals.

External Links
From time to time, I may provide links to external sites. I have no control over the information provided on these sites, and the links are solely for your information, education or entertainment. I do not endorse any products they offer for sale and have no relationship with them unless otherwise clearly notified.

Disclaimer for Services

There are a number of ways you may choose to work with me that are available for free or to purchase through my website. The terms and conditions in this document apply to all of my services, along with the specific terms of service for each paid service that is provided to you at the time of checkout.
The free services I offer are:
• Downloadable PDF guides
• Weekly email newsletter
• A blog
The paid services I offer are:
• One on one sessions
• Group Emotion Release Technique programs (Upgrade Your Life with ERT Experience and Membership)
• Group health program (Nourishment Gateway)

My intention in offering these services and downloadable guides is to support you in gaining optimal health through the use of natural healing strategies, mindset work and emotional release techniques.

Why Work with Me?
I have an Advanced Diploma in Naturopathy, a Certificate in Emotion Release Technique and over 5 years’ experience working with clients, helping them understand the language of their body and learning natural healing techniques.
I believe it is my responsibility to create and hold a safe space for my clients to be vulnerable (both in my one on one and group sessions), and provide support and accountability to facilitate their personal growth and understanding of health as it relates to their individual situation and life experiences. I will always practice within the scope of my qualifications and will refer you on to other health professionals if the need arises. I value honesty and curiosity and believe it is my responsibility to always listen to my clients with an open mind and heart to ensure I understand their journey as fully as I can, whilst at the same time deepening my learning and understanding, to facilitate my own growth as a practitioner as well.

What I Expect from You
When deciding to work with me I believe you have the responsibility to be committed to the process of the Emotion Release Technique sessions and any mindset or physical healing strategies recommended by me. You will only get out what you put in and the more you can be vulnerable and lean in to the experience of each session and program, the more you will be able to heal.

The following is important information about how to get the most value out of working with me. If you have any questions or concerns, please email me before proceeding with your purchase or free download.

Important Information
Please note that I only work with clients on-line through a private client portal and community area (within a platform called Kajabi). It is important that you understand that healing time is different for every person. You may see results quickly using the techniques and strategies I teach and use, or it may be a slower process, needing more than one or two sessions. Patience is a requirement for any long-term healing goal. I aim to empower you with lifelong knowledge and skills that you can implement long after you have finished working with me. When you take ownership and full responsibility of your healing journey, your likelihood of success will be sky high.

Each guide, session and program I offer, comes with it's own set of emails that you will receive to guide you through the process. Please ensure you have saved me as a safe sender (or even a VIP) and double check your email junk folder. These emails contain important information and it is your responsibility to ensure you have taken all reasonable steps to receive them in your inbox.

As with everything in life, there are risks associated with doing healing work, either by yourself with the guides I provide, or directly with me in my sessions or programs. Do not stop or change any existing medical treatment or prescription solely based on the information I provide, without thoroughly doing your own research and gaining second opinions from trusted sources. It is best to consult with your prescribing Doctor before making any changes. The work that you will do with me will often involve working with deep emotional wounds and trauma. I will take all reasonable care to ensure you feel safe and all emotions are processed in the session with me, or that I have taught you the appropriate strategies to dealing with the emotions that may arise. However, you need to be aware that this work will be uncomfortable and may cause emotional pain. Personal growth does not come easy and if you are not wanting to experience any discomfort at all, yet, then you may not be ready to do this work.
I am not a medical or mental health professional, and my work does not treat or diagnose any disease or illness. At all times, you remain fully responsible for your own physical, emotional and mental wellbeing.

If any concerns arise during our work together, I strongly recommend you seek advice from an appropriately qualified professional.

You will get the most out of working with me if you are ready to uncover the underlying emotional drivers to your disease or condition. This will be uncomfortable and possibly confronting. You know you are ready because you know you can do hard things and take full responsibility for your healing journey. You have an open mind and willingness to try new strategies and techniques.

You might not be a good fit for this work if you don't believe that emotions have an effect on your condition and are not willing to consider the possibility. You are not yet ready to do emotional work or make changes in your diet or lifestyle and are not open to new ideas or ways of doing things.

Indemnity

The following paragraphs contain information that you agree to, noting that you will not hold me responsible (you indemnify me against legal action) if anything goes wrong while you are working with me.

I do not make any guarantees or warranties about the accuracy of any material displayed on this website, or the guides, services, or programs offered through it, except for any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law. I am human and errors creep in despite the best of intentions. If you see something that doesn’t seem right, please let me know.

You take full responsibility for your implementation of any suggestions that I may make while providing my services. You understand that my advice is limited to providing you with options for your consideration, and that you are solely responsible for any actions that you choose to take. Always consult your own values and vision, with your intuition, do your own research, and check with appropriately qualified professionals before making major decisions or significant changes. You agree to indemnify me against all consequences arising directly or indirectly from your choices.

You expressly agree that if this indemnity is unenforceable for any reason, my total cumulative liability for all causes of action of any kind (other than negligence or deliberate wrongdoing) shall not exceed the amount that you have paid to me, in relation to the current service you have purchased from me.

Payment Terms

All prices on my website are in Australian dollars and are inclusive of GST, where applicable.
All card payments made through this website are processed using Stripe. You may also choose to pay for your purchases using PayPal.

I do not keep records of your card or account details. Any financial information you enter is stored under Stripe’s and PayPal’s security policies, found here:
https://stripe.com/docs/security/stripe.
https://www.paypal.com/au/webapps/mpp/paypal-safety-and-security

For all sessions and programs, payment is due at the time of purchase or booking. If payment is not made within 24 hours of an issued invoice, your booking time will be released and made available to other clients.

Payment plans are offered for my premium program, Nourishment Gateway, for your convenience only, so you can spread your payment out over time. You are still committed to paying the whole amount, even if you change your mind about your purchase, as you have had access to my intellectual property and I have reserved time in my calendar to support you through the program. Please see my refund policy below for more information. It is your responsibility to ensure you have sufficient funds to make payment instalments on time.

If a payment fails, my system will automatically retry payment 3 more times. You will receive an email 7 days before the first payment reminding you that payment is due and at the time of a failed payment. If a payment retry fails on the third time, access to the program content will automatically be revoked. I will reach out to you to discuss payment options, however, if I do not hear from you within 30 days from your failed payment, I will then send you an invoice for the whole amount remaining, and my failed payment invoice terms (listed below) will apply to that invoice. Your access to the remainder of your time in the Nourishment Gateway Program will be reinstated once full payment has been made on the invoice.

Invoice Payment Terms
If I have not had contact with you within 30 days of your failed payment plan payment, you will be invoiced for the remaining amount you owe of the program price, with 60 days to pay. After this time, if full payment has not been made I will forward the invoice on to a debt collection agency.
If a failed payment plan invoice is more than 60 days overdue, you agree to pay all costs, including debt collection agency fees and solicitor’s costs, that I may incur in taking steps to recover any money that you owe to me, regardless of whether legal proceedings are issued in relation to the debt.

Refund Policy

I do not offer a refund if you change your mind, so you are encouraged to consider carefully whether a purchase is right for you before you make your payment. I offer a free clarity call to discuss any of my programs or sessions so please make use of this service to ensure you are completely certain the purchase is a good fit. Book a clarity call here:
https://calendly.com/livingwholistically/claritycall 

In regards to my Nourishment Gateway Program in particular, I understand that the healing process can feel like it is taking too long, is too difficult or that it isn’t what you wanted it to look like. It is common to want to quit but a part of joining the program is having me here to keep you accountable. Part of making the payment is making the commitment to yourself. If you are feeling the hardship of the healing process, please reach out to me so that I can help support you.

Although a refund for change of mind is not available, I understand that life can throw curve balls. If a big change of life or emergency happens which means you can no longer complete the program, please contact me to find a win-win solution.

For my Upgrade Your Life with ERT membership subscription, you can cancel your subscription at any time in your client portal or by emailing me. Please ensure you cancel at least 3 days before your next billing date, to allow for processing times, otherwise you may still be charged and no refund is given for that billing period. Once you have cancelled your subscription your access to the weekly calls will be stopped.

Consumer Guarantees

If you feel that there is any problem with my services, please let me know within 24 hours. I am keen to understand what has gone wrong if you are unhappy, so that I can address your concerns and try to find a mutually acceptable solution.
I take my obligations under Australian Consumer Law seriously and will do my best to address any issues that arise. However, even if there is a major problem, my liability is strictly limited to:
• providing the services again; or
• if I am unable to do so within a reasonable time, refunding the full amount that you have paid to me.

Appointment Policies

Please be aware that I home-school 3 children. While I do my best to run a professional service, sometimes my kids need me, or are not entirely cooperative in waiting for my attention. They have been known to occasionally interrupt a call. If this is a problem for you, please let me know well in advance of the scheduled time. On the flip side, I am very child friendly. I don't mind at all if you are breastfeeding or have a toddler crawling into your lap during our call. In order to get the most out of our time together, however, it is always best if we can hear ourselves think, so if your environment is too noisy, feel free to reschedule. Make sure that you have drinking water, a journal/paper & pen, and keep the tissues close at hand as our sessions can get emotional.

1:1 Sessions
Bookings can be made within 1 hour, and up to 42 days in advance of appointment time.
If you are unable to attend a scheduled session and you provide me with less than 48 hours’ notice or fail to turn up, you will forfeit your payment for the session, or forfeit that session from your package. If you are prevented from attending our session due to an emergency beyond your control, please contact me as soon as possible to let me know. I may agree to reschedule at my sole discretion. If I am unable to attend a scheduled consultation or meeting, I will provide the same notice and work with you to re-schedule to a mutually convenient time.

Group Programs
Dates and session times for my group programs are set and not able to be rescheduled. Please make sure you can attend the sessions at the time of purchase. If you are unable to attend a scheduled session, you forfeit that session from your package. Whilst you are welcome to come late to group sessions, I reserve the right to cancel a group session if no one attends within the first 15minutes of a session starting.

Intellectual Property

Copyright & Trade Secrets
The content of this website and in all of my programs and free resources is protected by copyright laws and treaties around the world, with all rights reserved. This means that you must not use, copy or make my work public without my permission.

I believe in openness and transparency, so I want to let you know that I have used artificial intelligence, or AI, to help make my content. This means parts of what you see on my website, including text and images, might have been made with AI assistance. I have chosen my AI tools carefully and have the right to use anything that the AI helped create in my work. I have also invested considerable intellectual effort in transforming the raw material produced by the AI into an original work before sharing it with you. Even though AI may have helped co-create or inspire me, my content is still very much my unique creation, and I claim exclusive ownership of it.

You are welcome to share blog posts or other publicly available content through social media, but you must provide a link back to this website.

You may store, print and reproduce the publicly available content that I supply solely for your own personal use, and only if I am clearly acknowledged as the source.

If you are participating in my programs, content may be printed or downloaded to a local hard disk strictly for your personal and non-commercial use. Course content contains my trade secrets that are offered exclusively to participants. It is an essential condition of participation that you agree that you will not provide extracts of any course content to anyone else under any circumstances.

Trade Marks
I own the unregistered trademarks, logos, and service marks displayed on this website, including Living Wholistically™, Nourishment Gateway™ and Upgrade Your Life with ERT™. I also claim ownership of my logo as an unregistered trade mark. It may not be used without my express permission. These trademarks may not be used in connection with any other product or service without a licence, or in any way that is likely to cause confusion in the marketplace, or in any manner that disparages me or my business.

As a certified practitioner of Emotion Release Technique, I am authorised to display Emotion Release Technique, ERT and the ERT Logo, under license by Karlie McKeand.

Unless explicitly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this website are in no way associated, linked or affiliated with me and you should not rely on the existence of such a connection or affiliation. Any trademarks or names mentioned on this website remain the property of the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to me.

Respectful Communication

I reserve the right to moderate any comments made on this website, in the Kajabi Circles I control, and on any of my social media pages and profiles, including deleting comments that I deem to be rude, offensive, spammy or unacceptable, without any notification or correspondence with you. Keep all communication kind and polite, please.

Disrespectful or aggressive behaviour towards me or anybody else will not be tolerated.

Dispute Resolution & Jurisdiction

If a dispute arises, you agree that you will not engage in any public discussion about the issues, will behave politely towards me, and will avoid any conduct or communication which might reasonably be expected to interfere with my business or personal interests. You agree to act in good faith and be reasonably cooperative at all stages of the dispute resolution process. I will treat you with the same consideration.

If you have any concerns, issues, or complaints arising out of your use of this website, my programs or services, or these terms and conditions, you agree to communicate with me with the intention of making a genuine effort to seek a win-win solution and trying to resolve the dispute in good faith through negotiation and discussion. Please email me and expect a response within 2 business days.

If the dispute cannot be resolved by negotiation and discussion within 14 days, you can either access the complaints procedure offered by The Society of Natural Therapists and Researchers Inc (my association) here: https://www.sntr.com.au, or you may agree to proceed to mediation with the assistance of an independent accredited mediator, seeking mediation online or by telephone.

If you choose the mediator, the mediator is to be appointed by agreement or failing agreement within 14 days of the negotiation period ending, I will provide you with contact details for at least 2 appropriately qualified, neutral mediators (having first confirmed their availability), and you must select one of them within 48 hours of receiving the nominations. All costs of mediation must be shared equally.

Legal action must not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.

These Website Terms & Conditions are subject to the governing law of New South Wales. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of New South Wales, and the Commonwealth of Australia, will have exclusive jurisdiction.

Thank you for reading & respecting my T&Cs

This document was created with the support of Carefree Counsel. Michelle offers amazing DIY packs that I highly recommend you getting if you are looking to update your own T&Cs. Copying mine without permission is a breach of copyright, and really bad business practice. Show respect for me, yourself & your clients by getting your own Contracts that Care!