Terms & Conditions

We are so glad that you are exploring SoulAdvisor, and we hope you enjoy connecting as part of our purpose-driven global community through our platform.
Our purpose is to be a global facilitator of health and wellness through access, education and advancement of Traditional and Complementary Medicine (T&CM). Please take some time to read these terms as they set out your rights and responsibilities when using SoulAdvisor. Please also take note of the ‘Additional Information for Practitioners’ and ‘Additional Information for Explorers’ at the end of these terms.
These terms and conditions (Terms) are entered into between SoulAdvisor Pty Ltd ACN 631 566 383 (we, us or our) and you, together the Parties and each Party. These Terms supplement and incorporate our privacy policy, website terms of use, social media policy, editorial guidelines and Practitioner qualification process, posted on the Platform.
We provide a platform where T&CM practitioners (Practitioners) and health conscious customers (Explorers) can seamlessly connect and transact (Platform), in order for Practitioners to provide treatment services to Explorers (Treatments). Treatments are delivered either in person or online. The Platform is available at www.souladvisor.com and via other channels or addresses.
Our Platform also offers additional programs such as our Business Academy and Your Sanctuary. Our Business Academy can provide training, education and business support to assist Practitioners to grow sustainable businesses. Your Sanctuary is our content module where you will find a range of text, audio and visual contributions from experts in the wellness space to educate and inspire you.
SoulAdvisor Foundation, our not-for-profit organisation, has been established to educate the public and promote an awareness of T&CM and is funded from the profits generated by us.
In these Terms, you means (as applicable) (1) the person registered with us as either an Explorer or Practitioner; or (2) the individual accessing or using the Platform.

Acceptance

You accept these Terms by checking the box, registering on the Platform or using the Platform or the services.
You must be 18 years old to use the Platform.  
We may amend these Terms at any time. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the Termination clause.
We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject
to the Google Maps/Google Earth Additional Terms of Service.

Platform summary

The Platform includes a marketplace where Explorers and Practitioners can find each other and connect online, and then meet for the provision of Treatments. We provide the Platform to users (including hosting and maintaining the Platform), including but not limited to assisting Explorers and Practitioners to form contracts for the supply of Treatments, processing payments between Explorers and Practitioners and providing additional programs, including our Business Academy and Your Sanctuary (together the SoulAdvisor Services). 
You understand and agree that we only make available the Platform and the SoulAdvisor Services. We are not party to any agreement entered into between an Explorer and a Practitioner and we have no control over the conduct of Practitioners, Explorers or any other users of the Platform. 
A Practitioner wanting to provide Treatments creates an Account on the Platform and posts an accurate and complete description of the Treatments they can provide including the price, method of delivery (whether in person or online) and duration (Listing). The Practitioner confirms that he or she is legally entitled to and capable of supplying the Treatments described on their profile page.
When an Explorer wants to book a Listing, they will need to create an Account on the Platform.

An Explorer may book Treatments described in a Listing through the Platform. Once a booking is made by the Explorer it is a confirmed Booking and the Booking Refunds and Cancellation Policy below will apply.

Accounts

You may register on the Platform and create an account (Account) to access all of the Platform’s features. Certain features such as Listings may be available to people who have not yet created an Account.
You may have one (1) Account as a Practitioner and/or as an Explorer on the Platform. 
You must provide basic information when registering for an Account including your business name and country (for Practitioners), contact name and email address and you must choose a password.
Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete. 
Your Account is personal and you must not transfer it to others, except with written permission from SoulAdvisor Pty Ltd.
You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including payments made using your Account details. You agree to immediately notify us of any  unauthorised use of your Account.

Communication

We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as by email. We will endeavour to respond to queries within 24 hours of receiving the query. 
When a Booking is created, the Explorer will be provided with the address and instructions to attend the Treatment (for an in-person treatment) or, in the case of an online treatment, the Practitioner will be provided with the Explorer’s email address to arrange the Treatment which will take place externally to the Platform. If online, the Treatment may be delivered via Skype, Google Hangouts, Zoom, or other video conferencing software of the Practitioner’s choosing. 
Explorers and Practitioners can communicate using any listed contact details once a Booking is made. Explorers and Practitioners must not use the contact details to organise the provision of Treatments off the Platform. 

Payment

It is free for Explorers to register an Account on the Platform and to review content on the Platform, including Listings. 
As an Explorer, your credit/debit card will be pre-authorised up to the amount of the relevant fees set out in the Listing (including any third party payment processing fees) (Booking Fees) at the time you make a Booking. Your payment method will be charged one (1) hour after the Treatment is completed. 
Depending on which Pricing Model (defined below) the Practitioner chooses, and in consideration for providing the Platform, we will charge the service fees as set out on the Platform (Service Fee). The Service Fee will either be a fixed fee or a percentage rate. To the extent permitted by law, our Service Fee is non-refundable and will be included in the Booking Fees.  After a deduction of any Service Fee, we will endeavour to pay out the accumulation of Booking Fees owing to a Practitioner from a particular day on the next banking day. 
We provide a payment method on the Platform through our third party payment processor, currently Stripe. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.
The Platform will generate receipts which will be sent to the Parties respectively. All fees set out on the Platform are inclusive of GST or other value added tax depending on the location of the Practitioner.
In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.

Booking Refunds and Cancellation Policy

If an Explorer cancels a Booking at least 24 hours before the Treatment start time, no Booking Fees will be charged. If an Explorer cancels a Booking within 24 hours before the Treatment start time, the full Booking Fee will be charged to the Explorer. A Practitioner can cancel at any time, and no Booking Fees will be charged.
For disputes between Explorers and Practitioners, we encourage Parties to contact us at complaints@souladvisor.com and we
will attempt to assist in the resolution of the dispute in accordance with our dispute resolution process available at https://souladvisor.com/dispute-resolution. 

Content

We may allow you to (1) post, upload, publish, send or receive relevant content and information, Reviews (User Content) on or through the Platform, including our social media channels; and/or (2) access and view User Content and the content and information we make available on the Platform including content available in our Business Academy (SoulAdvisor Content and together with User Content, Content).
Unless otherwise indicated (including through copyright notices in the Your Sanctuary content module and elsewhere on the Platform) we own or license all rights, title and interest (including Intellectual Property Rights) in the Platform and all of the Content. Your use of the Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to the Platform or the Content.
You must not, without the prior written consent of us or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with the Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Platform and access and view any Content, in accordance with these Terms.  All other uses are prohibited without our prior written consent.
You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.
You agree to comply with our [Social Media Policy and Editorial Guidelines] as set out on the Platform. You agree that you are solely responsible for all User Content that you make available on or through the Platform.  You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of the Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach. 
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not a substitute for professional medical advice, diagnosis or treatment. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep the Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Warranties

You represent, warrant and agree that:
a) you will not use the Platform, including the Content, in any way that competes with our business;
b) there are no legal restrictions preventing you from entering into these Terms;  
c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;  
d) you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms; and
e) you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform. 

Australian Consumer Law

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights). 

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.  
Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
As an Explorer, the Treatments provided by a Practitioner may also confer on you certain rights under the ACL.
This clause will survive the termination or expiry of these Terms.

Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:  
a) your acts or omissions;  
b) any use or application of the SoulAdvisor Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;  
c) any aspect of the Explorer and Practitioner interaction including the Treatments offered by the Practitioner, the description of the Treatments offered, any advice provided, T&CM, health and wellness information provided, or the performance of Treatments;
d) any works, services, goods, materials or items which do not form part of the SoulAdvisor Services (as expressed in these Terms), or which have not been provided by us;  
e) any third parties or any services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
f) the SoulAdvisor Services being unavailable, or any delay in us providing the SoulAdvisor Services to you, for whatever reason; and/or
g) any event outside of our reasonable control.
This clause will survive the termination or expiry of these Terms.

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law:  
a) we will not be liable for Consequential Loss; 
b) our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by your acts or omissions; and
c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the SoulAdvisor Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees paid by you to us in respect of the supply of the SoulAdvisor Services to which the Liability relates, or where there are no Service Fees paid, $100.  
This clause will survive the termination or expiry of these Terms.

Termination

Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in your Account page section of your Account settings.
We may suspend your Account or terminate these Terms immediately upon written notice to you, if:
a) you breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us; 
b) as a Practitioner, you attempt to subcontract the Treatments, or another individual provides the Treatments on your behalf;
c) as a Practitioner you frequently or repeatedly cancel Bookings, receive complaints, poor reviews or bad ratings;
d) there is any reason outside our control which has the effect of compromising our ability to provide the SoulAdvisor Services; or
e) you are unable to pay your debts as they fall due.

These Terms will terminate immediately upon written notice by you, if we:
a) are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
b) are unable to pay our debts as they fall due. 

Upon expiry or termination of these Terms:

a) we will remove your access to the Platform;
b) we will immediately cease providing the SoulAdvisor Services;
c) you agree that any payments made by you to us are not refundable to you;
d) where you are an Explorer, we will cancel any existing Bookings and you will lose any Booking Fees and other amounts paid. Where you are a Practitioner, we will cancel any existing Bookings and refund the relevant Explorers; and
e) where we terminate the Terms for any reason, you also agree to pay us our additional costs arising from, or in connection with, such termination.
Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.  
This clause will survive the termination or expiry of these Terms.

General 

Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
Disputes:  In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between an Explorer and us, or a Practitioner and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. 
Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
Governing law: These Terms are governed by the laws of New South Wales.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.  
Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property. 
Intellectual Property Breach means any breach by you of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
Modern Slavery has the meaning given in the Modern Slavery Laws.
Modern Slavery Laws means any legislation of the Commonwealth or a state relating to Modern Slavery, Modern Slavery Like Practices or similar matters, including but not limited to the Modern Slavery Act 2019 (Cth) and all regulations made under or in respect of the Modern Slavery Act 2019 (Cth). 
Modern Slavery-Like Practices include, without limitation, child labour, trafficking in persons, forced labour, debt bondage, deceptive recruiting for labour and services, slavery, servitude and other forms of serious exploitation. 

Additional Information for Practitioners
Accounts

You will have access to additional functionalities as set out on the Platform. You warrant that you as an individual must provide the Treatments, that you cannot subcontract the Treatments, and that no other individual can provide the Treatments on your behalf.
We will review your request for an Account before approving the request in accordance with our qualification process set out on the Platform. We may request additional information, including your ABN, personal ID, appropriate insurances, recognised qualifications, and membership of professional associations. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, at our sole discretion.
From time to time we may access information contained on the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of the Treatments and threshold of reviews.
When you create an Account, we may offer you the option to select the currency in which you will receive payment. You must also disclose whether you are registered for GST or any other tax for the sale of goods and services as applicable in your country. 

Pricing Models

When you create an Account, you must also select a pricing model according to the Options below as set out on the Platform (Pricing Model). 

Option 1- Annual Membership
Once you have created an Account and chosen the annual membership option (Annual Membership), you agree to pay the membership fee set out on the Platform (Membership Fee) to use certain features on the Platform and benefit from your Annual Membership.
The Membership Fee will be charged upfront on a yearly basis on the calendar day corresponding to when you created your Account (Payment Date). In some cases, your Payment Date may change, for example, if payment is unable to be processed or if your Annual Membership began on a day not contained in a given month.
If you do not cancel your Annual Membership in accordance with the cancellation clause below, it will be renewed for another year at the end of your current membership term. We will notify you 45 days prior to the end of the current membership term.
We may modify our Membership Fees from time to time. The price changes will apply to you no earlier than the start of your renewed membership. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your membership in accordance with the cancellation clause below.

Cancelling Annual Memberships
If you cancel your Annual Membership within 5 days of paying the Membership Fee, we will refund the Membership Fee to your payment method.
You may cancel your Annual Membership at any time in the Account page (or similar) section of your Account settings. The cancellation will apply to the next year if you cancel your membership at least 30 business days before the next Payment Date. 
If you cancel your Annual Membership less than 30 business days before the next Payment Date, you will be charged the Membership Fee on the next Payment Date and the cancellation will become effective for the next year.

Option 2 - Fixed Rate
Once you have created an Account and chosen the fixed rate option (Fixed Rate), you agree that you will pay a fixed Service Fee on each Booking made (as set out on the Platform) to use certain features on the Platform and benefit from this model. The fixed Service Fee is reduced for every subsequent Booking for a particular customer after the first Booking (Repeat Customer Advantage).  

Option 3 - Percentage Rate 
Once you have created an Account and chosen the percentage rate option (Percentage Rate), you agree that we will deduct a percentage (as set out on the Platform) of each Booking Fee as our Service Fee, to use certain features on the Platform and benefit from this model.
You may change from a Fixed Rate model to a Percentage Rate model and vice versa at any time in the Account page (or similar) on the Platform. However, if you change options from a Fixed Rate to Percentage Rate, you will lose any Repeat Customer Advantage you previously held for an Explorer, if applicable. 

Warranties

You represent, warrant and agree that:
a) you are responsible for complying with all laws, rules and regulations which apply to providing the Treatments in your Listings. This includes obtaining and maintaining a working with children check from your applicable state or national regulator (depending on your location) where necessary; and
b) you are appropriately qualified, and have any required skills, knowledge or training, to provide the Treatments. 

Insurance

We may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the Treatments you choose to provide to Explorers. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

Complaints

If you have any complaints about an Explorer to whom you have provided a Treatment, you can contact us at complaints@souladvisor.com.  

Modern Slavery

You warrant, represent and agree that you comply with and will continue to comply with all applicable Modern Slavery Laws, and you have thoroughly investigated and inspected your labour practices to ensure that no Modern Slavery is used anywhere in your operations or supply chain. 

Additional Information for Explorers
Minors

If you use the Platform as an Explorer, you may book Treatments for your child, however, you will need to be present while the Treatment takes place.

Reviews

Explorers may review their experience with the Practitioner on the Platform, including the Treatments (Review). 
Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.
You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we will delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You can write a Review about a Practitioner if you have had a treatment with that Practitioner, and you have engaged the Practitioner through the Platform (Explorer Experience).
You may not write a review about a Practitioner if you have a professional or industry working relationship, or if they are your immediate family member. 
Your Explorer Experience must have occurred in the 12 months prior to you writing a Review. 
You may only write about your own Explorer Experience. You are not permitted to write a Review about somebody else’s Explorer Experience, such as that of a family member or friend.
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Practitioner to write a Review, you should include information about this in your Review. Incentives include the Practitioner offering you a gift, reward, discount or advantage for writing a Review about the Practitioner on the Platform.

Complaints

If you have any complaints about a Practitioner or your Explorer Experience, you can contact us at
complaints@souladvisor.com.  

For any questions or notices, please contact us at:
SoulAdvisor Pty Ltd ACN 631 566 383 
Email: connect@souladvisor.com
Last update: 17 October 2019