Terms and Conditions
These terms govern the provision of the health coaching, breathwork instruction, programs or workshops (Services) to be provided by Ayubowan Pty Ltd t/a Ayubowan Health & Lifestyle Medicine ABN 16 640 497 650 (Ayubowan, we or us) to You as set out in the program details (Service Details).
Some words in these terms have a special meaning. If a word has a special meaning, it will be capitalised throughout these terms. The meaning of these words is found in the Service Details or in the body of these terms.
1. Our Responsibilities1.1. Ayubowan will:
(a) appoint a suitably skilled professional to provide the Services to You;
(b) perform the Services indicated in the Service Details with due care and skill; and
(c) provide the Services in accordance with the Service Details.
2. Your Responsibilities
2.1. In order for Ayubowan to provide the Services in an effective manner that drives positive outcomes, You are required to:
(a) attend all the scheduled sessions relating to the Services;
(b) commit and participate in the activities;
(c) complete any additional work required outside of the scheduled sessions; and
(d) provide Ayubowan with all reasonable assistance and information required, including information about Your circumstances that may affect the way we deliver all or part of the Services to You.
2.2. You acknowledge and agree that, in certain circumstances, You may be required to sign additional documentation such as consents and waivers in order to participate in an activity delivered via the Services. These will be provided to you prior to commencement of the Services.
2.3. Prior to attending any part of the Services, You must notify Ayubowan of any material information (such as injuries, pre-existing conditions or medication) that may in any way be relevant to the Services or Your participation in any sessions or activities forming part of the Services.
3. Things You Need to Know
3.1. As part of the Services, Ayubowan may provide advice regarding health or lifestyle medicine. However, You acknowledge and understand that that Ayubowan does not:
(a) diagnose or treat any mental health or medical conditions or disorders; or
(b) give medical or psychological health advice.
3.2. In certain circumstances, if requested by You in accordance with a Service, Ayubowan may facilitate a shared medical appointment with a suitably qualified healthcare professional as further explained here https://www.lifestylemedicine.org.au/shared-medical-appointments (Shared Medical Appointment). During a Shared Medical Appointment, You may receive medical advice from a qualified healthcare professional. You acknowledge and agree that, You may be required to sign additional documentation in order to participate in the Shared Medical Appointment.
3.3. If urgent medical or psychological health advice is required, contact Your local GP, other health care professional and/or relevant health authorities.
4. Our Liability
4.1. While Ayubowan is committed to providing the Services to You in accordance with its responsibilities set out in clause 1.1, Ayubowan cannot guarantee that participants will achieve results.
4.2. Please note, there are certain mandatory consumer guarantees imposed under the Australian Consumer Law within the Competition and Consumer Act 2010 (Cth) that may apply to the provision of the Services. Nothing in these terms modifies, restricts or excludes Ayubowan’s liability in respect of such mandatory consumer guarantees.
4.3. Subject to clause 4.2:
(a) Ayubowan does not:
(i) make any promises or warranties, whether express or implied, about the provision of the Services or any Materials used to provide the Services;
(ii) in any way accept responsibility or liability for any of the Services delivered by any third party service providers or for any third party content and material; or
(iii) in any way accept responsibility or liability for any loss, damage or harm that arises due to Your failure to comply with clause 2 or any negligent act or omission on Your part;
(b) in no event will Ayubowan, its directors, officers, employees, agents, affiliates, subcontractors or consultants be liable to You for any special, incidental, indirect, or consequential loss or damage in connection with claims arising out of these terms or otherwise relating to the Services; and
(c) Ayubowan’s total liability to You (including that of any of its directors, officers, employees, agents, affiliates, subcontractors or consultants), whether in contract, tort (including negligence) or otherwise, will not exceed the fees paid for the Services in respect of which the liability arises.
5. Fees & Timing of Payments
5.1. The fees for the Services are as set out in the Service Details and You must pay the fees to Ayubowan in accordance with the timing and method specified in the Service Details.
5.2. In relation to GST (as defined under GST law), if our supply to You is taxable, You must pay the GST.
6. Delays & Re-scheduling
6.1. In the event that Ayubowan’s performance of all or part of the Services is delayed or otherwise negatively impacted as a result of any circumstances beyond Ayubowan’s reasonable control (including but not limited to, acts of God; terrorism; weather; technology attacks; epidemic; pandemic; illness; embargoes; quarantine; viruses; strikes; acts or requests of any governmental authority), Ayubowan maintains the right to postpone or reschedule that part of the Services.
6.2. In respect of Breathwork and/or Coaching Services, You may reschedule a session at no additional cost if You provide at least 48 hours prior notice in writing to Ayubowan. If You fail to provide 48 hours prior notice or wish to reschedule any part of Your program, rescheduling is at Ayubowan’s sole disrection and maybe subject to the cancellation fees set out in clause 13.
7. Personal Information & Privacy
7.2. You acknowledge and agree that Ayubowan may record any of the session or Programs in which You are participating. You consent to Ayubowan using Your image and likeness in any photos or videos in connection with provision of the Services for the purpose of Ayubowan’s business and to promote Ayubowan in all marketing channels. If You do not wish to be in the photograph or recording, You must let Ayubowan know prior to the commencement of the Session or Program.
8.1. During the provision of the Services, each party (Provider) may provide information to the other party (Recipient) which is considered and communicated to the Recipient as confidential information (Confidential Information). The Recipient will only use Your Confidential Information to the extent required for the purpose of the Services.
8.2. The Recipient must not disclose Confidential Information of the Provider for any other purpose without the Provider’s prior written permission, except in situations where the Recipient is legally obligated to do so, which includes a court order or subpoena.
8.3. Ayubowan may keep a copy of Your Confidential Information to assist with undertaking future sessions of a Program, for Ayubowan’s record keeping purposes or as required by law.
8.4. The Provider’s confidentiality obligations to the Recipient continue after the termination or expiry of these terms.
9.1. You acknowledge that information communicated electronically (including via email and video conferencing/chat platforms) is not secure and carries inherent security risks. As a result, Ayubowan cannot guarantee water-tight protection of information transmitted using these platforms. If You have any security concerns, do not share sensitive or confidential information in this way.
10. Intellectual Property Rights
10.1. In providing the Services, Ayubowan may use certain materials and resources such as designs, tools, methodology and know-how that is owned by, or licensed to, it (Materials). As between You and Ayubowan, Ayubowan retains all intellectual property rights in and to the Materials, which includes any improvements or knowledge developed while providing the Services to You.
(a) agree that the Materials are the intellectual property of Ayubowan or its licensors and can only be used for the purpose of undertaking the Services and as a personal reference; and
(b) must not:
(i) remove any Ayubowan or third party logos or disclaimers that are on the Materials;
(ii) copy or otherwise reproduce the Materials; or
(iii) provide the Materials to anyone else.
11. Business Clients
11.1. If You are purchasing the Services on behalf of a business for delivery to its employees, contractors, officers or agents (Personnel), You must ensure that all Personnel participating in all or part of the Services understand and comply with the obligations under clauses 2, 3, 7, 10.2.
12.1. While Ayubowan does not provide refunds if the outcomes of the sessions are not as You expected, Ayubowan will work with You to address any concerns You have in relation to the Services.
12.2. To raise a complaint, contact Ayubowan within 48 hours after the completion of a scheduled session or on conclusion of the Program. Ayubowan will aim to resolve the issue within 14 days.
12.3. If the complaint cannot be resolved within 14 days of submission, or such other time as agreed, the provisions of clause 12.4 will apply.
12.4. Any unresolved complaints must be submitted to conciliation in accordance with, and subject to, the Resolution Institute Conciliation Rules.
13. Term, Termination & Refunds
13.1. These terms commence on the date You sign this agreement or, for online purchases, accept these terms and will expire on the completion of the Services.
13.2. Ayubowan may terminate the Services by:
(a) providing You with 7 days’ prior written notice;
(b) immediate written notice to You if You breach these terms, if Ayubowan is of the view that the Services are not suitable for You or if You behaviour during a session or Program is unacceptable in Ayubowan’s opinion.
13.3. You may terminate any single session or this agreement in its entirety at any time provided that You have:
(a) given prior written notice to Ayubowan;
(b) paid the fees for the portion of the Services which has already been provided to You;
(c) paid any additional cancellation fees set out in the table below to compensate Ayubowan for costs incurred and reasonable losses resulting from the cancellation; and
(d) where Ayubowan is required to travel to provide the Services, re-imbursed Ayubowan for all non-refundable travel expenses that have been incurred up to the cancellation notice.
13.4. If Ayubowan terminates the Services for any reason, You are entitled to a full refund of any payment already made. Ayubowan will not be responsible for any other loss incurred by the client as a result of the cancellation or reschedule.
14. Governing Law
14.1. These terms along with the schedule form the entire agreement between the parties in relation to the Program and supersede all prior agreements, understandings and representations.
14.2. These terms are governed by and construed in accordance with the laws of New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and all applicable courts of appeal.