ACCEPTANCE OF TERMS AND CONDITIONS
IMPORTANT: ALL USERS MUST READ THIS SECTION
By using this site (the "Site"), you (the "End User") agree to the terms and conditions that we "samanthagillard.com", "unf-ck-your-life.com" and "Ziba Crystals" have provided. If you do not wish to agree to the outlined terms and conditions, please refrain from using our site.
In these Terms and Conditions (Terms), “we” or “us” means Samantha Gillard trading as Samantha Gillard, Unf#ck Your Life and Ziba Crystals ABN 76 550 473 547, its successors, employees and assignees and “you” means the person, organisation or entity that purchases products or related services from us.
The Terms apply to:
(i) all sales made by us to consumers, and
(ii) all bookings made with us for a personal reading or healing with Samantha Gillard, through our website available at www.samanthagillard.com (Site) or through other means (Email, Facebook, Phone, etc).
These Terms form the agreement under which we will supply products and services to you. Please read the Terms carefully. Please contact us if you have any questions, before you purchase our products or related services from us. You can contact us at email@example.com.
Your purchase from us indicates that you have had sufficient opportunity to access the Terms and contact us, that you have read, accepted and will comply with the Terms, and that you are eighteen (18) years or older. You must not order products or services from us if you are under eighteen (18) years of age. If you do not agree to the Terms, do not purchase from us.
Reading/Intuitive Session Disclaimer:
The following disclaimer is provided for your information and for legal reasons in accordance with the current Australian Legislation. I (Samantha Gillard) am under legal obligation to make you aware that all information given to you during a reading/intuitive session are for entertainment purposes only and no liability will be accepted by Samantha Gillard for neither any actions taken resulting from a reading or information provided, nor consequences of such action which may or may not arise from the results. Readings/Intuitive sessions offered by Samantha Gillard are intended to offer insight into a person personal life and offer inspiration and encouragement. The information provided is for guidance only. What you decide to do with the information given to you, including any actions you take, is down to your own personal responsibility and choice. All readings/intuitive sessions and questions answered do not in any way constitute legal, financial, medical, professional or business advice, and are subject to your own interpretation and judgement. By engaging in a reading/intuitive session with Samantha Gillard you understand that she will not diagnose illnesses or offer answers to questions about pregnancy or death.
The following disclaimer is provided for your information and for legal reasons in accordance with the the current Australian Legislation. You (the participant) understand that Energy Healing/Medical Intuition/Energy Clearing is a simple, gentle, hands-on energy technique that is used to promote stress reduction and relaxation. You (participant) acknowledge that Healing practitioners do not diagnose conditions nor do they prescribe or perform medical treatment, nor interfere with the treatment of a licensed medical professional. You (participant) understand that Energy Healing/Medical Intuition/Energy Clearing does not take the place of medical advice and/or treatment. It is further advised that you (participant) consult a licensed medical doctor for any physical or psychological ailment you may have. You (participant) understand that the body has the ability to heal itself and to do so; relaxation and stress reduction are often beneficial. You (participant) acknowledge that long term imbalances in the body often require multiple sessions in order to facilitate and restore balance within the body. You (participant) understand that any discomfort, pain or reaction to this session is part of my body’s response and not caused by the practitioner (Samantha Gillard) facilitating the treatment. You (participant) hereby accept that there shall be no liability on the practitioner should adverse effects be experienced.
The following disclaimer is provided for your information and for legal reasons in accordance with the current Australian Legislation. It is our legal obligation to make you aware that all information given to you during a workshop/Seminar/Class is for guidance only and no liability will be accepted by Samantha Gillard for neither any actions taken resulting from information provided, nor consequences of such action which may or may not arise from the results. Workshops/Seminars/Classes offered by Samantha Gillard are intended to offer insight, education and consideration of the participant. What you decide to do with the information given to you, including any actions you take, is down to your own personal responsibility and choice. Information should not be regarded or viewed in any way to constitute legal, financial, medical, professional or business advice, and are subject to your own interpretation and judgement.
Client confidentiality and privacy is paramount and the Australian Privacy Act is what governs the confidentiality of your information. Your name or the details of your reading will not be shared unless written consent has been given to do so or ordered by a court of law.
The participant may record the reading/intuitive session on their own device. If this reading/intuited session is recorded there is no responsibility taken by Samantha Gillard for the quality or any issues of failure to the recording. Many times due to the energy, the recording devices fail to work or transfer.
Any recordings (audio or video) may not be distributed or published publicly without the express written and signed consent of Samantha Gillard.
Termination of Service:
Samantha Gillard retains the right to leave the Reading/Intuitive session or Energy Healing/Medical Intuition/Energy Clearing at any time if I am made to feel uncomfortable and clients will have this same right. Samantha Gillard has the right to terminate the session/consultation should the connection not feel strong enough. The client also has the right to terminate the session in the first 10 minutes without being charged should the session not be appropriate for them.
A non-fundable deposit of $75 will be charged to confirm your booking for face-to-face readings. Full payment of the reading fee is required at the time of booking for all Phone/Skype Readings. A cancellation fee of $75 will be charged should you cancel your appointment within 72hrs of scheduled appointment (unless medical certificate supplied).
Location & Timing:
In order to participate in your Face-to-face Reading, you agree to attend your Face-to-face Reading at the time and location chosen by you when making your booking. Incorrectly scheduled bookings will be treated as a missed appointment within 72 hours in accordance with our Cancellation Policy set out below.
Due to privacy reasons, the address for your Face-to-face Reading will only be sent to you upon receipt of the Deposit. if you are late for you appointment you forfeit that time, and a reading will conclude at the original time as previously scheduled.
We will contact you using a private number at the date and time chosen by you when you made your booking. We will attempt to contact you via the contact number or Skype address provided by you when you made your booking, and if we are unable to reach you after 3 attempts within the first 5 minutes of your scheduled time, it will be treated as a missed appointment in accordance with our Cancellation Policy set out below.
Cancellations and Missed Appointments:
A non-refundable deposit of $75 will be charged to confirm your booking. The balance will be due on the day if paying in cash or 2 buisness days prior if paying by EFT/Credit card (via website). Should you cancel your appointment you will forfeit the deposit. Should you need to change your appointment time, then 72hrs is required. Changes (made by client) within the 48hr time frame may result in loss of deposit. Missed appointments with no notification will be charged at the full price of the originally booked appointment.
Australian Consumer Law:
Certain legislation, including the ACL in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL or any liability under the ACL, which by law may not be limited or excluded.
We exclude all implied conditions and warranties except for your Statutory Rights, to the extent permitted by law, including but not limited to:
we expressly disclaim any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
we do not warrant that the Site or your access to the Site will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components;
we take no responsibility for, and will not be liable for, the Site or any of our products and/or services being unavailable; and
we will not be liable for any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special , consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products, or the Terms, even if we were expressly advised of the likelihood of such loss or damage.
Applicable to sales only
If you are a consumer as defined in the ACL, the following notice applies to you: "Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."
Your product may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. You should check the manufacturer’s warranty, as many manufacturers' warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer's warranty.
Applicable to bookings only
If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the services for or for a result which you have told us you wish the services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our services is limited to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the services to which your claim relates.
Cancellation Policy for Event/Workshop/Class:
As you can appreciate, running a small business is at times tricky and challenging especially in the current pandemic climate. Many of the events/workshops/classes run by Samantha Gillard are crafted and tailored for intimate groups with specific interests and gifts. As such it is at best difficult to find replacement participants at short notice. An Event/Workshop Cancellation policy exists to ensure that workshops/event can still go ahead for the benefit of other participants but also not run at a loss if participants pull out after the event is scheduled and confirmed. With regard to cancellations due to Covid, where possible as much funds as possible with be refunded but a full refund is unlikely and cannot be guaranteed. Samantha Gillard assumes no responsibility for the loss of money due to cancellations.
Deposit is due at the time of booking to hold your place.
This deposit is strictly non-refundable unless otherwise indicated.
Facilitator Cancels Event:
100% Refund including Deposit Refund. If events are cancelled by the facilitator due to severe weather, government decrees or other events deemed "acts of god", then it may not be possible to refund 100% of the money. Every endeavour will be made to access refunds from third party providers.
If, after booking an event you are unable to attend, you are welcome to nominate someone else to attend in your place so long as they meet the criteria of the workshop/Event. Please advise substitutions in writing so a correct name tag will be available on registration.
Return, Refund and Exchange Policy:
Workshops, Events, Classes & Appointments:
Cancellation more than 45 days before the event: 100% Balance Refund, Deposit Non-Refundable
Cancellation less than 45 days, but more than 30 days: 75% of Balance Refund, Deposit Non-Refundable
Cancellation less that 30 days, but no more than 15 days: 50% of Balance Refund, Deposit Non-Refundable
Cancellation less than 14 days: 25% of Balance Refund, Deposit Non-Refundable
Cancellation less than 7 days: No Refund
Cancellation must be in writing.
In the event that you have registered to attend but made arrangements to pay on the day and you are not able to attend, then please note that you are still liable to the above mentioned terms and conditions of the Cancellation Policy. An invoice will be forwarded to you with the amount owing.
This cancellation policy is not applicable with regard to Travel/Retreats, see terms and conditions on specific trip for cancellation policy.
We do not provide refunds for any of our products, including downloadable products, for change of mind.
If you believe your product is faulty and wish to seek repair, replacement or a refund for a product, you must return the product to us within 7 business days of receiving the product.
If you are entitled to a refund, we will only give you the refund once evidence of faulty product is received by us, or we have received the product at our and inspected it and assessed whether it is eligible for a refund under the Terms. Any refund we make will be by the same payment method used to purchase the product.
Subject to this clause, we will not accept for return any product that has been used, connected, installed, attempted to be connected or installed, or if your product is custom-made or is a special buy product.
It is your responsibility to adequately package the product you are returning to ensure that it is not damage during return delivery to our warehouse.
You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.
Money Back Guarantee on Healing Sessions:
If you book and pay upfront for four consecutive 60min or 90min weekly healing session with Samantha and you don't feel any benefit or improvement (as detailed below), Samantha will refund your money (minus a $150 administration fee)
Benefits can include anything that would constitute fitting into these categories:
Improvement in mood, stress levels, peacefulness
Improvement is body, movement, lightness, energy, general wellbeing
Improvement in clarity of mind, understanding of spiritual principles
Improvement in sleep, concentration, energy levels
This offer is not available to palliative, terminally ill, people with a cancer diagnosis or medical diagnosis or anyone undergoing Radiation, Chemotherapy or Drug Therapy.
It also should be noted that Energy work can make the body feel depleted at times, and the results sometimes take 4 weeks or more to be recognised. As such clients will need to complete the full four weeks before requesting a refund, unless Samantha Gillard decides that the therapeutic benefits cannot be reached within a client.