ELVOLVE PTY LTD – TERMS AND CONDITIONS OF TRADE

1. Interpretation and General Terms

1.1. “ELVOLVE PTY LTD”, “Us”, “We” or “Our” means Miles, Elly trading as ELVOLVE PTY LTD ABN 14 670 234 787.

1.2. “Customer”, “Client” or “You” means the party engaging the Services of ELVOLVE PTY LTD Training & Coaching.

1.3. “Price” means the price inclusive of GST payable by the Customer to ELVOLVE PTY LTD for any Services performed or to be performed, including any amount stated on an invoice issued by Us.

1.4. “Services” means any coaching, mentoring, program, course, retreat, workshop, event, or session provided or due to be provided by Us.

1.5. “Terms and Conditions” means this document as amended from time to time.

1.6. The singular includes the plural and vice versa. Words importing one gender include all genders. Words importing persons include companies, trusts and other legal entities.

1.7. Where more than one person comprises the Customer, each person is jointly and severally liable.

1.8. Where a Customer is a trustee, the Customer agrees they are bound personally and in their capacity as trustee.

1.9. Notwithstanding any change to the Customer’s structure, the Customer remains liable for all Services ordered.

1.10. Any request for Services constitutes acceptance of these Terms and Conditions.

1.11. If any provision is illegal or unenforceable, it is severed, and the remainder continues in force.

1.12. Any failure by Us to enforce a right does not constitute a waiver of that right.
2. Purchase Price Provisions

2.1. Prices include GST unless stated otherwise.

2.2. Prices are in Australian Dollars.

2.3. Prices may change without notice.

2.4. Some Services involve third-party suppliers.

2.5. Where third parties are involved, We are not responsible for their pricing.

3. Payment of Our Invoices

3.1. To secure placement in any program, event, or retreat, payment of the Price (or required deposit) is required. If Services are offered via a payment plan, the full amount remains payable even if You choose to discontinue participation.

3.2. Any direct debit set-up costs are Your responsibility.

3.3. Where the scope of Services changes, additional fees may apply.

3.4. Failure to make required payments may result in cancellation of Services and forfeiture of Your placement.

4. Refund Policy and Cancellation Policy

4.1. We comply with the Australian Consumer Law. Services must be delivered:

•       with acceptable care and skill;

•       fit for purpose;

•       within a reasonable timeframe.

4.2. If You believe We have not met these obligations, You must email ellymilesenquiries@gmail.com with details. If a breach is confirmed, We may (at our discretion) resupply the Services or issue a refund.

4.3. There is no cooling-off period. Change of mind does not constitute grounds for refund.

4.4. At our absolute discretion, and only in exceptional circumstances (e.g. medically certified illness), We may consider rescheduling or applying a credit. This is not guaranteed.

5. Our Services

5.1. Our Services include NLP Coaching, Hypnosis, Breathwork, Quantum Healing, day events, workshops, and domestic/international retreats.

5.2. All Services are general in nature and do not constitute psychological counselling, medical advice, financial advice, or legal advice.

5.3. You agree We may request personal information relevant to Your development.

5.4. You warrant that You are medically and psychologically fit to participate in all Services, including physical or energetically activating activities.

5.5. Personal information disclosed during Services is confidential.

5.6. We take reasonable steps to ensure confidentiality by staff and contractors.

5.7. You participate at Your own risk. We are not liable for losses, injuries, or damages.

5.8. All intellectual property remains Our property.

5.9. You agree to indemnify Us against any loss caused by Your breach of intellectual property laws.

5.10. We may outsource work where required.

5.11. No guarantees are made regarding outcomes or results.

5.12. We may cease providing Services if necessary, subject to ACL requirements.

6.1. Session Scheduling

6.1.1. Booking sessions is the Client’s sole responsibility. Sessions will not be automatically scheduled by the Coach.

6.1.2. Depending on where the Client is in their program, sessions are expected to be booked and attended on a weekly, fortnightly, or monthly basis, as directed by the Coach. The expected cadence will be communicated at the outset of the program and may be adjusted by the Coach over time.

6.1.3. Sessions must be booked a minimum of 24 hours in advance unless the Coach expressly confirms a shorter notice period via message or email.

6.1.4. Clients may not book more than one session per week without prior written approval from the Coach.

6.2. Lateness

6.2.1. If a Client arrives more than 15 minutes late to a scheduled session without prior notice, the session is considered forfeited. No make-up session will be provided and the session will be deducted from the Client’s remaining balance.

6.2.2. Where the Coach is late, the session will be extended by the equivalent time or rescheduled at the Coach’s discretion.

6.3. Cancellation & No-Shows

6.3.1. Cancellations must be made with a minimum of 24 hours’ notice prior to the scheduled session start time.

6.3.2. Cancellations made with less than 24 hours’ notice, and failure to attend without notice (no-show), will result in the session being forfeited. The session will be deducted from the Client’s remaining balance and no make-up will be provided.

6.3.3. In exceptional circumstances, the Coach may, at their absolute discretion, choose to reschedule a late cancellation or no-show. This is not a right and will not be applied consistently. 

6.4. Session Expiry

6.4.1. Sessions are valid for the duration of the Client’s active engagement in their program. Active engagement is defined as sessions being booked and attended at the agreed cadence.

6.4.2. If no session has been booked or attended for a period exceeding six (6) weeks, the Coach reserves the right to expire any remaining unused sessions. The Coach will use reasonable discretion in applying this clause and may, but is not obligated to, issue a written reminder before expiring sessions.

6.4.3. Expiry of sessions does not entitle the Client to a refund. Expired sessions are forfeited.

6.4.4. There is no fixed program end date. However, extended inactivity as described in clause 6.4.2 may result in the program being considered complete.

6.5. Session Records & Follow-Up

6.5.1. The Coach records a transcript of each session for the purposes of providing an accurate session summary.

6.5.2. Following each session, the Client will receive a written email summary prepared by the Coach. This summary is intended as a reference tool for the Client’s personal use only and remains the intellectual property of ELVOLVE PTY LTD.

6.5.3. Session transcripts and summaries are confidential and must not be shared, published, or distributed without the written consent of the Coach.

6.6. Between-Session Communication

6.6.1. The Coach offers WhatsApp support between sessions as part of the program. The Coach will endeavour to respond to messages within 24–48 hours on business days.

6.6.2. The Coach cannot guarantee same-day or immediate responses to between-session messages. Response times may vary due to time zones, travel, or personal circumstances.

6.6.3. In the event of a genuine urgent matter where a message has not been responded to within a reasonable timeframe, the Client may contact the Coach directly by phone call. This is reserved for urgent matters only and is not to be used as a primary means of contact.

6.6.4. Between-session communication is intended to support the Client’s progress between sessions and does not constitute a coaching session or replace scheduled sessions.
7. Customer Code of Conduct

7.1. You must:

•       provide full disclosure;

•       communicate clearly;

•       act respectfully;

•       comply with all applicable laws.

7.2. Failure to comply may result in immediate termination of Services without refund.

7.3. We may terminate Services for any reason with written notice, subject to ACL rights.

7.4.–7.5. Selling to Our network without written permission is prohibited.

7.6. We comply with Privacy Laws.

8. Security

8.1. Online transactions use SSL encryption.

8.2. Credit card details are destroyed after use.

8.3. Payments through third-party providers are subject to their terms.

9. General

9.1. All intellectual property on our website or materials remains Our property.

9.2. You consent to Us photographing or recording the delivery of Services, including You, unless You notify Us in writing at least 7 days before the event or retreat.

9.3. These Terms may be amended at any time.

9.4. We are not liable for events outside our control.

9.5. By engaging in our Services, You accept these Terms.

10. Events & Retreats

10.1. Retreat Deposits

10.1.1. All retreat deposits are strictly non-refundable under any circumstances.

10.1.2. Retreat deposits are strictly non-transferable, including:

•       to another person;

•       to another retreat;

•       to another date;

•       to another event;

•       to credit.

10.1.3. Retreat deposits cannot be resold or reassigned.

10.1.4. A deposit secures Your entry for that specific retreat only.

10.1.5. If You cannot attend for any reason (including illness, injury, travel disruptions, personal emergencies, change of mind, financial circumstances, or visa/passport issues), Your deposit is forfeited.

10.2. Retreat Payments (Full Payments)

10.2.1. All retreat payments (including instalments) are non-refundable.

10.2.2. A Customer who has paid the full Price (excluding the deposit) may privately resell their retreat place, provided:

•       The replacement attendee is approved by Us in writing; and

•       The Customer informs Us at least 14 days before the retreat start date; and

•       The deposit remains forfeited and cannot be transferred.

10.2.3. The Customer is responsible for managing the resale and payment exchange privately.

10.2.4. No refunds or credits are provided in the event of Customer cancellation.

10.3. Event & Workshop Tickets (Non-Retreat)

10.3.1. All event and workshop tickets are non-refundable.

10.3.2. Tickets may be privately resold at the Customer’s discretion.

10.3.3. The Customer must notify Us of the new attendee’s name at least 48 hours before the event.

10.4. Travel, Insurance & Documentation (Retreats)

10.4.1. You are solely responsible for:

•       booking Your own flights;

•       ensuring passport validity;

•       obtaining visas;

•       securing travel insurance;

•       complying with health, vaccination, and entry requirements;

•       ensuring personal safety in transit.

10.4.2. We are not liable for:

•       missed flights;

•       delays, cancellations, or airline issues;

•       passport or visa issues;

•       border closures;

•       illness, injury, or medical emergencies;

•       stolen, lost, or damaged luggage;

•       natural disasters or political disruptions;

•       changes to government restrictions.

10.4.3. We strongly recommend comprehensive travel insurance.

10.5. Health, Fitness & Safety

10.5.1. You warrant You are physically and mentally able to participate in retreat activities.

10.5.2. You must disclose any relevant medical conditions.

10.5.3. You participate voluntarily and at Your own risk.

10.5.4. We are not liable for injuries or health-related issues arising from activities including:

•       breathwork;

•       somatic work;

•       movement practices;

•       hiking;

•       swimming or ocean activities;

•       excursions;

•       physical activities provided by third parties. 

10.6. Behaviour & Removal From Retreat or Event

10.6.1. We reserve the right to remove any Customer displaying:

•       unsafe behaviour;

•       harassment;

•       aggression;

•       intoxication;

•       disruption;

•       disregard for instructions or safety.

10.6.2. If removed, the Customer forfeits all payments. 

10.7. Third-Party Providers

10.7.1. Retreats may involve third-party suppliers including accommodation providers, chefs, guides, drivers, transport companies, and activity operators.

10.7.2. We are not liable for the actions, omissions, or performance of any third party.

10.7.3. All complaints regarding third-party services must be directed to the provider.

10.8. Force Majeure

10.8.1. If We must cancel or postpone an event or retreat due to circumstances beyond Our control, including:

•       natural disasters;

•       government restrictions;

•       illness or injury of facilitator;

•       unsafe conditions;

•       venue damage;

•       airline disruption;

•       political instability;

Then:

•       retreat deposits remain non-refundable;

•       refunds are not required except as per ACL;

•       We may offer (at Our discretion) a rescheduled date or credit.

10.9. Photography, Filming & Social Media

10.9.1. ELVOLVE PTY LTD may photograph and/or film retreat and event activities for marketing, promotional, and educational purposes. By attending, You consent to being photographed or filmed unless You have provided written notice to the contrary at least 7 days prior to the retreat or event start date, in accordance with clause 9.2.

10.9.2. ELVOLVE PTY LTD may use photographs and footage taken at retreats and events across any medium, including but not limited to social media, websites, email marketing, and advertising materials, without further notice or compensation to You.

10.9.3. Guests may photograph and film at retreats and events subject to the following conditions:

•       You must obtain the verbal or written consent of any person before photographing or filming them;

•       Photography and filming during facilitated sessions, breathwork, or other intimate group activities is not permitted unless expressly approved by the Coach;

•       You must immediately cease photography or filming if requested to do so by the Coach or by another guest.

10.9.4. You may share your own retreat experience on social media, provided that:

•       You do not post photographs, video, or identifying information of other guests without their explicit consent;

•       Content shared does not misrepresent the retreat, the Coach, or ELVOLVE PTY LTD;

•       Content shared does not reproduce any proprietary program materials, frameworks, or intellectual property of ELVOLVE PTY LTD.

10.9.5. ELVOLVE PTY LTD reserves the right to request the removal of any social media content that breaches these conditions or that We reasonably consider to be damaging to Our reputation or the privacy of other guests.

10.9.6. Any breach of this clause may result in removal from the retreat or event in accordance with clause 10.6, with no entitlement to refund.

END OF TERMS AND CONDITIONS