TERMS & CONDITIONS

Please read these Terms and Conditions carefully before using the Kintsugi Counselling & Coaching website (the “Service”) operated by Akshay Malde.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using any part of the WEBSITE, you agree to be bound by the Terms and Conditions of these Agreements. If you disagree with any part of the terms of the agreements, then you may not access the website or use the service.

For enquiries relating to kintsugicnc.com, contact us at akshay@kintsugicnc.com for further details.

Ownership

Kintsugi Counselling & Coaching reserves the complete ownership of this website and its content which includes but may not be limited to advertisement, marketing, audios, images, designs, software, text, computer code, artwork, photographs, music, audio-visual and any other material.

Kintsugi Counselling & Coaching ownership rights are protected by the domestic and international copyright laws and other intellectual property rights. Reproduction and usage of the content, without prior written consent of Akshay Malde, in any form or manner is prohibited and may result in strict legal action.

Provision of Service

This sets out the basic obligation of Kintsugi Counselling & Coaching to render services which are part of the agreement.

Kintsugi Counselling & Coaching runs and manages a platform where individuals are supported in navigating and overcoming any challenges, concerns, or difficulties they are facing and in achieving personal goals, through self-care, psychological and spiritual resources.

Creating an Account

To access full services you may need to you may need to register an account though a third party platform. This means you will have to provide Kintsugi Counselling & Coaching accurate information, including your name, a valid email address and telephone number. You warrant that any information you provide during the account setup process is correct at the time you provide the information and that you will update information should there be any changes. You will remain solely responsible for the activity that occurs on your account (including session scheduling and purchases), so keep your account password secure.

Kintsugi Counselling & Coaching reserves the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.

Digital Third Party Platform

Where you download the Digital Third Party Platform, you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Third Party Platform for your own personal use. You may not assign or transfer the Digital Third Party Platform to any other person without express written consent from Akshay Malde. Kintsugi Counselling & Coaching reserves the right to refuse to provide the products to you at any time for any reason.

After commencement and payment of the “The Journey” service has been confirmed, you will have the option to download our Digital Third Party Platform.

Except as otherwise expressly stated, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Third Party Platform in any manner whatsoever except as authorised by Akshay Malde.

Content

All content provided on kintsugicnc.com is for informational purposes only. Kintsugi Counselling & Coaching makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site.

Kintsugi Counselling & Coaching will not be liable for any errors or omissions in this information nor the availability of this information. Kintsugi Counselling & Coaching will not be liable for any losses, injuries or damages from the display or use of this information.

Safety of Users Information

The information supplied by those surfing or purchasing on our website are very much safe and secured on our database.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Submitting Content to Website and Social Media

Any material that a visitor to this Website sends or posts to this Website shall be considered non-proprietary and non-confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information.

Where you do decide to submit such feedback or comments, you:

warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (or have the right to use that content with appropriate consents and permissions);
give us permission to post or otherwise use that feedback on our social media or other channels;
waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth) in the content you provide us with;
warrant that any content provided does not violate these Terms; and

When using this website, you shall not post or send to or from this Website any material:

For which you have not obtained all necessary consents;
That is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may case annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in Australia;
Which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
personal attacks on myself or another contributor;
material that discloses your personal information; or
Information that is unrelated to the post or content that you have reviewed or commented on.

If so, we reserve the right to remove it.

Our Website and social media channels may feature user reviews of our products and/or services. These reviews in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any users.

Testamonials

On our Website, we present real-life examples of and insights into other clients’ experiences with our products and/or services for illustration purposes only. Any results presented demonstrate to users what can be possible, but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results.

Where you have provided testimonials (in any format), you acknowledge that Kintsugi Counselling & Coaching may use these along with reference to you on our Website and social media channels, or any other avenue, for promotional and other purposes at our discretion.

Prohibited Use

In addition to any other prohibitions, you must not, under any circumstances, use the Website or its content:

for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, or state regulations, rules, laws, or local ordinances;
to attempt to change, remove, deface, hack or otherwise interfere with our Site or any material or content displayed on the Site;
to hack into any aspect of the Site, corrupt data, or cause annoyance to other users;
to infringe upon any other person’s proprietary rights;
to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
to attempt to affect the performance or functionality of any computer facilities of or accessed through our Site.

Disclaimer Statements

Kintsugicnc.com does not represent or endorse the accuracy or reliability of any information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, nor the quality of any products, information or any other material displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in connection with the services herein.

You hereby acknowledge that any reliance upon any materials shall be at your sole risk. Kintsugi Counselling & Coaching reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or materials on our website.

Limitation of Liability

To the fullest extent permitted by applicable laws, in no event is Kintsugi Counselling & Coaching or our licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Website and/or our products or services, your inability to access our Website, interruption or outage of our Website or the fact that content on our Website or in our services is inaccurate, incomplete or out of date.

Our Right to be Indemnified by You

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold Kintsugi Counselling & Coaching and our related entities from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of our Website in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

Additional Terms

Where you elect to enter into a one-on-one arrangement with Kintsugi Counselling & Coaching, we will issue you with a Services Agreement/Contract (Additional Terms) that incorporates terms and conditions separate to these Terms. These Additional Terms will form the basis of your arrangement with us and will operate in conjunction with these Terms. To the extent that the Terms are inconsistent with the Additional Terms, the Additional Terms will prevail.

Links to and From Other Websites

Throughout this Website, you may find links to third party websites. The provision of a link to such a website does not mean that Kintsugi Counselling & Coaching endorse that website. If you visit any website via a link on this Website you do so at your own risk.
Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
You do not seek to imply that we are endorsing the services or products or another party, unless this has been agreed with us in writing.
You do not misrepresent your relationship with this website; and
The website from which you link to this Website does not contain offensive or otherwise controversial content, or content that infringes any intellectual property rights or other rights of a third party.
By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

Supply of Materials

The users of our Website are to supply all information required for Kintsugi Counselling & Coaching to complete the demand accordance with the agreed specification. Such information may include, but are not limited to, photographs, written-copy and other Printed materials.

Force Majeure

Kintsugi Counselling & Coaching will not accept any responsibility or liability in regards to failure to perform its obligation, including obligations cited under these Terms of Use, caused by Force Majeure i.e. external forces beyond our control, which include but are not limited to terrorism, natural disasters, strikes or, electricity failures.

Termination

We may terminate or suspend access to any of our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

No Waiver

Kintsugi Counselling & Coaching may choose to take any action against your failure to comply with these Terms of Use. However, we are still entitled to use our rights in case of subsequent breach in terms of Use.

Severability

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these Terms will remain in full force and effect.

Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the Laws of Australia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provisions of these Terms are held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Using Personal Information

We use your personal information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfilment of your order, and keeping you up to date on new products, services, and offers.

Terms and Condition Changes

These Terms of Use may change from time to time. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new Terms, please stop using the Service.

More so, we reserve the right to be able to terminate access to certain users, if these users abuse our website;
NOTICE: We still want to make it clear here that the content, logo, video or, visual design etc. and trademarks are exclusive property of Kintsugi Counselling & Coaching. Unauthorised usage of these trademarks, for any purpose or in connection to a product or service not associated with Kintsugi Counselling & Coaching is strictly prohibited.

If you are interested in usage of any part of this website, you can request our consent by sending an email at akshay@kintsugicnc.com

Ceasing our Website

We have the right to discontinue our Website. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Website and Service, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Entire Agreement

These Terms (together with our Privacy Policy, Additional Terms and disclaimers) constitute the entire understanding and agreement between us and you in relation to your use of our Website and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to our Website and your use of our Website.

Prices and Payment

All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Website may change at any time without advance notice to you. Purchases will be charged at the price in force at the time of your order.

We reserve the right at any time to modify or discontinue the product or service without notice at any time. We shall not be liable to you, or to a third party, for any modification, price change, suspension or discontinuance of the product or service.

We offer the option to pay for our products and/or services by credit card or such other method of payment as indicated on our Website. You acknowledge and agree to make full payments to us for the products and/or services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to our products or services.

Privacy

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using our Website, you consent to the usage of your information as described in the Privacy Policy and warrant that all data provided by you is accurate.

For Questions or Comments, Please Contact Us

If you have any questions, concerns, comments or complaints regarding these Terms and Conditions and/or our collection of use of personal information, or if you wish us to stop processing your personal information for any particular purpose or purposes, then please contact: Kintsugi Counselling & Coaching through akshay@kintsugicnc.com