Terms & Conditions of Trade

 

Terms and Conditions of Trade WanderKind
‘WanderKind’ means Gabrielle Walker trading as WanderKind (ABN 47 717 266 894)
‘Customer means’ the party engaging the services of WanderKind

Our Prices and Fees
1. All charges & prices for services carried out by WanderKind are subject to GST at the prevalent rate.
2. All prices quoted are Australian Dollars.
3. All prices quoted, are for the listed and mentioned services only and are subject to change in line with third party providers, the Australian dollar and other unforeseen circumstances.

Payment for Goods and Services
4. Payment is required upfront or upon delivery in order to participate in or receive any bodywork or coaching services being provided by WanderKind.
5. In the event that the Customer is enrolling in a seminar or course provided by WanderKind, then the Customer must pay the non-refundable deposit imposed for that service in order to secure his or her place.
6. Wanderkind requires payment, in full and cleared funds, upfront, before any goods held in stock are shipped.
 
Refund Policy and Cancellation Policy
7. WanderKind has a ‘no refund’ policy due to the individualised content of each program developed for Customers. Obviously, this is subject to Australian Consumer Law.  If there are any issues with the service you have been provided, please contact WanderKind via email to hello@wanderkind.com.au. We would like the opportunity to work with you in relation to your issues, whatever they may be.

8. Deposits paid towards seminars and courses are also not refundable. This is to account for the administrative costs associated with processing the Customer in addition to the opportunity cost associated with the limited enrolment places available.

9. In the event that a Customer Cancels within forty-eight (48) hours a 50% cancellation fee will be charged. Within twenty-four (24) hours of a scheduled appointment, WanderKind reserves its right to impose a 100% cancellation fee for the opportunity cost associated with the scheduled appointment.
10. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
     i. to cancel your service contract with us; and
     ii. to a refund for the unused portion, or to compensation for its reduced value.
11. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
12. Please see below our Returns Policy, which provides for a process for returning goods.

Our Services
13. WanderKind provides RomiRomi and MiriMiri sessions (body work activities), seminars and courses teaching others to be bodywork practitioners, and personal coaching at various locations including online.
14. In the event that the Customer is a minor, then the guardians of that minor are to accept these terms and conditions on that minor’s behalf prior to the delivery of any services.
15. The Customer warrants they are medically fit to undertake the programs offered by WanderKind. It is the Customer’s sole responsibility to ensure that they do not engage in any activity which is beyond the scope of their ability, both physically and mentally, and spiritually.
16. The Customer should always consult a physician before starting a health or wellbeing program or changing his or her diet. Not all exercises, nutrition programs or activities are suitable for everyone. The information presented by WanderKind, either on its website or in a class is in no way intended as a substitute for medical, nutritional or psychological counselling. All information contained on wanderkind.com.au or provided in classes, including information relating to medical and health conditions, products, treatments and nutrition is for informational purposes only. The content is also not intended to be a substitute for professional training, nutrition, diet, health, wellness, fitness, training tips, eating disorders, related issues or any other form of advice. When in doubt, the Customer should consult his or her primary care physician, registered dietician or another certified professional.
17. The Customer requests the services at his or her own risk. WanderKind will not be held liable for any losses or damages caused as a result of services purchased from WanderKind.
18. The Customer acknowledges they are aware that there are significant risks involved in all aspects of physical training and bodywork. These risks include but are not limited to: falls which can result in serious injury. The Customer is aware that any of these abovementioned risks may result in serious injury or death to themselves and/or others. These risks are compounded when undertaking athletic activities and physical training on one’s own.
19. The Customer hereby releases WanderKind and its principals, agents, employees, trainers, and volunteers from any claims, demands, and causes of action as a result of the Customer’s voluntary and fully informed participation in the bodywork activities prescribed by WanderKind.
16. The Customer agrees that any techniques or training methodologies implemented by WanderKind remain the intellectual property of WanderKind and may not be used outside the terms of this engagement, save for where expressly provided for.
17. WanderKind reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Customer. Any outsourced job remains the property and/or responsibility of WanderKind and such services are deemed to be carried out ‘indirectly’ by WanderKind.
18. WanderKind makes no guarantee or warranties, either express or implied, outside of that required by Australian Consumer Law.
19. The nature of the services provided by WanderKind require the participation of the Customer in order to achieve the best results. Results between individual Customers may also vary dependent upon subjective factors. Any statements made about results are merely indicative and based upon generalisations.
20. The Customer agrees that any techniques or training methodologies implemented by WanderKind remain the intellectual property of WanderKind and may not be used outside the terms of this engagement, save for where expressly provided for.
21. WanderKind reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Customer. Any outsourced job remains the property and/or responsibility of WanderKind and such services are deemed to be carried out ‘indirectly’ by WanderKind.
22. WanderKind makes no guarantee or warranties, either express or implied, outside of that required by Australian Consumer Law.
23. The nature of the services provided by WanderKind require the participation of the Customer in order to achieve the best results. Results between individual Customers may also vary dependent upon subjective factors. Any statements made about results are merely indicative and based upon generalisations.
 
Personal Coaching,
24. The terms and conditions relating to personal coaching are in addition to the other terms of trade imposed by WanderKind.
25. The personal coaching services provided by WanderKind are merely indicative and general in nature, the advice is not directive, nor does it amount to counselling, therapy, financial, nor legal advice. Any such advice should be sought from a qualified expert.
26. The Customer agrees that WanderKind may, in the provision of the personal coaching services, ask personal questions and make requests for the specific purpose of reminding the Customer of their own, previously provided, intentions. If discussing personal issues may result in a risk to the Customer, then the Customer must disclose this prior to engaging the services of WanderKind.
27. WanderKind acknowledges that any personal information discussed during the provision of the services shall be kept in confidence, unless:
      i. Wanderkind considers the Customer to be at risk of harming yourself or someone else.
      ii. If the Customer’s records are requested by a court of law.
      iii. If another person requests information that the Customer has agreed and provided consent for Wanderkind to share.
      iv. With the professional peer supervision group in which Wanderkind participates, For therapists to maintain a healthy perspective, and to remain an accredited professional they are required to talk regularly with a supervisor. In this process, Customers are not identified personally.

Customer Code of Conduct
28. The Customer agrees to be bound by this Code of Conduct, failing compliance with this, WanderKind may immediately terminate the agreement without notice.
29. The Customer must:

  1. Be honest;
  2. Participate fully;
  3. Respect others;
  4. Be patient; and
  5. Comply with all laws.

30. In the event that WanderKind terminates the agreement with the Customer pursuant with non-compliance with the Code of Conduct, no refund is to be provided unless the Customer has pre-paid more than one (1) session in advance. In those circumstances, payments equivalent to one (1) session of the services will be retained, and the balance refunded to the Customer. Any payments towards sessions that have been consumed by the Customer will also be retained. In the event that the Customer has enrolled in a seminar or course, then WanderKind shall be entitled to retain the non-refundable deposit and any payments made towards the seminar or course which have been consumed at the time of termination under this section.
 
Privacy
31. WanderKind takes your privacy seriously. WanderKind will protect your personal information regarding the use of personal information as required by Australian Privacy Laws as well as European requirements for Customer’s based in that location. WanderKind will not use your personal information except for the purpose of engaging in and entering into and completing a transaction and services. The Customer must ensure that before disclosing any personal information to WanderKind that the Customer is entitled to disclose that information and without taking any further steps as required by the Australian Privacy Laws WanderKind may use and disclose such information for the purpose of entering into any transaction under these Terms of Trade. If the Customer becomes aware of any breach or alleged breach of the Privacy Laws concerning information disclosed by WanderKind to the Customer or any other party, or by the Customer to WanderKind, then the Customer must notify WanderKind immediately via email to gabrielle@wanderkind.com.au. Likewise, WanderKind will notify the Customer, and if necessary, the Office of the Australian Information Commissioner if WanderKind becomes aware of any breach or any alleged breach of the Privacy Laws concerning information disclosed.
32. WanderKind’s Privacy Policy is available at its website and shall prevail if there is any discrepancy.
 
Our Goods
33. Any statements made about the use of the goods sold by Wanderkind are made generally and may not be applicable to all circumstances. Colours and the look of a product on your computer may be different in reality. For this reason, Wanderkind offers a change of mind refund.
34. Any representations made regarding the ingredients and the manufacturing process of any goods which are to be applied to the body are made based upon representations made to Wanderkind by the manufacturers or wholesalers of the goods. Wanderkind does not warrant that these representations are accurate.
35. Any statements made about the use of such goods are made generally and may not be applicable to all circumstances.
36. Wanderkind recommends that the Customer uses a small amount of the goods before applying it on the whole of the body so as to test for reactions.
37. These goods are for external use only.
38. In relation to faults, damage, cancelations and refunds, please see our Returns Policy and Refund Policy herein.
 
Returns Policy
39. Please contact Wanderkind via email to products@wanderkind.com.au prior to taking any steps to arrange a refund, return or exchange.
40. If there are any issues with the products you have ordered, please contact Wanderkind via email to products@wanderkind.com.au. We will make an effort to respond to you within 24-72 hours so please be sure to allow for this time period.
41. If the goods are faulty, we will either refund you or, provide you with an identical replacement should that item be available. Prior to providing a refund or exchange, under Australian Consumer Law, Wanderkind is entitled to take into account how much time has passed since the Customer purchased the product, considering the following factors:

  1. The type of product;
  2. How the Customer is likely to have used the product;
  3. The length of time for which it is reasonable for the product to be used; and
  4. The amount of use the product could reasonably be expected to tolerate before the failure becomes noticeable.

42. Because Wanderkind wants the Customer to enjoy their purchases, Wanderkind will exchange goods in the event the Customer has ordered the same in error (in size or colour) or the Customer simply changes their mind. In these cases, the Customer must contact Wanderkind requesting the exchange of the item within thirty (30) days with proof of purchase, unopened, unused and otherwise undamaged, with all original tags/labels attached, and the item is not a sale or otherwise discounted item. This clause is subject to Australian Consumer Law, which will prevail in the case on any discrepancy.
43. If the goods are to be exchanged for a more expensive product, the difference may be charged by Wanderkind.
44. If the product is to be refunded, either because of a fault or error, please contact Wanderking at products@wanderkind.com.au for guidance.
45. The Customer shall be liable for the shipping costs associated with returning the goods. Wanderkind will only refund a Customer for these costs if the goods are faulty.
 
Postage and Delivery
46. Wanderkind delivers products Australia wide and internationally. Deliveries outside the free shipping price range are charged at the market rate. International Customers are liable for payment of any taxes or customs when the goods arrive in their country.
47. Unless expressly stated, or arranged separately between Wanderkind and the Customer, Wanderkind will use its discretion in utilising a variety of delivery methods to transport product to Customers once sold.
48. Whilst every effort is made to ensure delivery occurs within the prearranged time schedule, some delay may occur beyond the control of Wanderkind. For this reason, Wanderkind does not guarantee delivery dates and a late delivery does not constitute a breach of this agreement.
49. Subject to Australian Consumer Law, Wanderkind is not obliged to offer a refund or discount in the event that courier or postage service provider loses or otherwise damages the goods. If the Customer would like to insure against damage incurred during the delivery process, that is a matter for the Customer and such costs will not be borne by Wanderkind. This also applies to parcels where the customer has entered their postage details incorrectly.
 
Security
50. Any online transactions completed with WanderKind are completed using SSL technology, which provides high level encryption for online transactions.
51. The Customer’s credit card information is taken by WanderKind for the purposes of making a credit card transaction to purchase a service. This information is retained by third party providers including, but not necessarily limited to, Square.
52. Any online payment is transacted via third party providers and subject to the terms and conditions imposed by those providers. WanderKind encourages customers to consider the terms and conditions of these providers before electing that particular payment method.
 
General
53. WanderKind reserves all rights in relation to intellectual property created and used by it on its website and in any documentation. WanderKind has taken every measure to ensure that it has permission to use the intellectual property of others. Any misuse of copyrighted material by Customers or users of any website or publication operated by WanderKind is strictly prohibited.
54. In relation to services delivered by WanderKind in a group setting only, the Customer agrees that WanderKind may photograph or otherwise record the experience, including photographing or recording the Customer, which may identify the Customer. The Customer agrees that this material may be used in marketing material by WanderKind. This also includes any testimonials provided by Customers, irrespective of the nature of delivery of the services.
55. Terms and Conditions may be changed at any time without prior notice to its Customers. Notification will be sent to all Customers at the time of the Terms and Conditions alterations.
56. WanderKind shall be under no liability if it should be unable to carry out any provision of this agreement for any reason beyond its control.
57. The Customer is agreeing fully to WanderKind’s Terms and Conditions of Trade by electing to engage the services of WanderKind.