Terms and Conditions
1. INTRODUCTION
1.1 These Terms and Conditions ("Agreement") govern the use of the website www.elementskit.com ("Website") and the purchase of products ("Products") from The Elements Kit Pty Ltd ABN 18 680 226 091 ("Seller"). By accessing the Website and purchasing Products, you (“Client”) agree to comply with this Agreement.
2. PRODUCTS AND SERVICES
2.1 The Products and Services displayed on the Website are subject to availability and may be offered at the discretion of the Seller.
2.2 The Seller strives to provide accurate descriptions, images and pricing information for the Products. However, the Seller does not guarantee the accuracy, completeness, or reliability of any content on the Website.
2.3 We offer various coaching services, programs and resources through our website. The details, availability, and terms of these services are subject to change without notice. We strive to provide accurate and up-to-date information, but we do not guarantee the completeness or accuracy of the content on our website.
2.4 Coaching, mentoring and certification services provided through the Elements Kit Pty Ltd are developmental and educational in nature. They do not constitute psychological, medical, financial, legal or therapeutic advice. The Client acknowledges that outcomes depend on their own engagement, application and circumstances, and that no specific result, business outcome or level of income is guaranteed.
2.5 The Client participates in coaching sessions and certification activities voluntarily and accepts full responsibility for decisions made or actions taken as a result of participation. The Client should seek independent professional advice (medical, psychological, legal or financial) before acting on any insight, exercise or recommendation arising from sessions.
2.6 To the maximum extent permitted by law, the Elements Kit Pty Ltd, its founder, directors, employees, contractors and affiliates exclude all liability for any direct, indirect, incidental or consequential loss or damage arising from or connected to the Client's participation in coaching, certification or use of the Elements Kit, except where such liability cannot be excluded under the Australian Consumer Law.
2.7 The Client agrees to indemnify and hold harmless the Elements Kit Pty Ltd and its founder, directors, employees and contractors against any claim, loss, damage, cost or expense (including legal costs) arising from the Client's breach of these terms, misuse of the Elements Kit or program materials, or any decision or action taken by the Client following participation in coaching or certification services.
3. ORDERS AND PAYMENT
3.1 Placing an order through the Website constitutes an offer to purchase the selected Products or Services.
3.2 The Seller reserves the right to accept or reject any order at its discretion.
3.3 Prices displayed on the Website are in Australian dollars and inclusive of GST.
3.4 Payment for the Products must be made at the time of placing the order. Accepted payment methods are specified during the booking method.
4. SHIPPING AND DELIVERY
4.1 The Seller will make reasonable efforts to deliver the Products within the specified timeframe. However, delivery times may vary depending on the destination and circumstances beyond the Seller's control.
4.2 Where applicable, shipping costs will be clearly calculated and added to the total order value during the checkout process, unless free shipping is specified.
4.3 Physical Elements Kits are shipped internationally at the Client's own risk once dispatched. Delivery timeframes are estimates only and delays caused by customs, carriers or circumstances outside our control do not entitle the Client to a refund. Import duties, taxes or customs charges are the Client's responsibility.
5. RETURNS AND REFUNDS
5.1 All sales of workshops, coaching sessions, certification programs and physical kits are final. No refunds, exchanges or credits will be provided once payment has been made, including but not limited to the following circumstances:
Change of mind after purchase or enrolment
Non-attendance or late cancellation of scheduled sessions
Dissatisfaction with coaching style, pacing or outcomes
Once the Elements Kit or program materials have been shipped, accessed or delivered in any form
This policy applies because the Elements Kit involves irretrievable assets, including physical goods manufactured and shipped internationally, and proprietary digital materials that cannot be recalled once accessed.
5.2 Full payment is required prior to commencement of coaching sessions, certification enrolment or dispatch of physical goods. We reserve the right to withhold services or shipment until payment is received in full.
6. INTELLECTUAL PROPERTY
6.1 All intellectual property rights, including copyrights and trademarks, related to the Website and the Products remain the property of the Seller.
6.2 All content, frameworks, session materials, tools and certification methodology remain the exclusive intellectual property of the Elements Kit Pty Ltd. Certification does not transfer ownership of any intellectual property. Certified practitioners are permitted to use approved materials solely within the terms of their certification agreement and must not reproduce, adapt or distribute proprietary content without written permission.
7. LIMITATION OF LIABILITY
7.1 The Seller will not be liable for any direct, indirect, incidental, or consequential damages arising out of the use or inability to use the Website or the Products.
7.2 To the extent permitted by law, the Seller's liability is limited to the amount paid for the specific Product in question.
8. GOVERNING LAW AND JURISDICTION
8.1 This Agreement is governed by the laws of Australia. Any disputes arising from this Agreement will be subject to the exclusive jurisdiction of the courts in Victoria, Australia.
9. MODIFICATIONS AND AMENDMENTS
9.1 The Seller reserves the right to modify or amend this Agreement at any time without prior notice. The updated version will be effective upon posting on the Website.
10. CONTACT US
If you have any questions, concerns or requests regarding these Terms and Conditions please contact us.