Terms and Conditions

These Terms and Conditions ("Agreement") govern the provision of services by Mountains to Stars ("the Business") to its clients ("the Client") and the use of the Business's website. By engaging the Business for services or using its website, the Client agrees to be bound by these Terms and Conditions.

1. Introduction

This document outlines the terms and conditions under which Mountains to Stars provides services such as astrology readings and breathwork sessions to its clients and governs the use of its website. The purpose of these terms and conditions is to establish a clear understanding of the rights and responsibilities of both the Business and the Client, ensuring a transparent and professional working relationship.

2. Service Scope

The Business agrees to provide services as detailed in the specific service agreement, proposal, or statement of work agreed upon with the Client. The nature of these services generally involves providing spiritual guidance and personal development through various modalities.

2.1. Limitations and Exclusions

The services provided are subject to certain limitations and exclusions. The Business is not responsible for medical advice, financial advice, or psychological therapy. Any services not explicitly included in the agreed-upons cope are considered excluded.

2.2. Customisation

Customisation of services may be available upon request and will be subject to a separate agreement or amendment to the existing service agreement, which may include additional fees and revised timelines.

3. Client Obligations

For the successful delivery of services, the Client agrees to:

• Provide timely and accurate information, and access to resources as reasonably required by the Business.
• Adhere to all payment terms as outlined in Section 4.

Failure to meet these obligations may result in delays, additional costs, or the suspension of services, for which the Business will not be held responsible.

4. Fees and Payment Terms

4.1. Pricing

All fees for services will be outlined in the specific service agreement, proposal, or statement of work. Unless otherwise stated, all prices are quoted in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST), which will be added where applicable.

4.2. Payment Upon Booking or Purchase

Payment for services, including scheduled sessions and digital products, is due in full at the time of booking or purchase, unless otherwise agreed in writing. Access to digital products and confirmation of scheduled sessions will be granted upon receipt of full payment.

5. Scheduling and Cancellations

5.1. Appointment Booking for Scheduled Services

All appointments and service delivery schedules will be mutually agreed upon between the Business and the Client. The Business will endeavour to accommodate the Client's preferred timings, subject to availability.

5.2. Rescheduling Policies for Scheduled Services

Clients may reschedule an appointment or service delivery by providing at least 24 hours' notice. Failure to provide adequate notice may result in a rescheduling fee of 50% of the scheduled service cost.

5.3. Cancellation Fees and Notice Periods for Scheduled Services

If the Client wishes to cancel a service or appointment, the following cancellation policy applies:
• Cancellations made with more than 72 hours' notice will receive a full refund or credit.
• Cancellations made with less than 72 hours' notice but more than 48 hours' notice will incur a cancellation fee of 50% of the scheduled service cost.
• Cancellations made with less than 48 hours' notice will not be eligible for a refund and the full service cost will be charged.

5.4. Digital Products and Pre-recorded Content

Upon successful purchase, the Client will receive immediate access to digital products and pre-recorded content. Due to the nature of digital goods, all sales are final, and no refunds will be issued once access has been granted or the content has been downloaded, unless the product is proven to be faulty. The Business reserves the right to revoke access to digital products if these Terms and Conditions are violated.

6. Service Warranties and Disclaimers

6.1. Service Warranties

The Business warrants that all services will be performed with reasonable care and skill. While the Business strives for excellence, it does not guarantee specific outcomes or results, as these can be influenced by various factors
beyond its control.

6.2. Disclaimers

The Business disclaims all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. The Business is not responsible for:
• Outcomes that are not directly attributable to the services provided by the Business.
• Delays or failures caused by the Client's failure to provide necessary information or approvals.
• The performance or actions of third-party vendors or services engaged by the Client.
• Providing financial, medical, or psychological advice. Clients should seek professional advice from qualified practitioners for such matters.
• Specific outcomes or results, as these are largely dependent on the Client's actions, commitment, and external factors beyond the Business's control. The Business provides guidance and tools, but the ultimate responsibility for results lies with the Client.
Please be advised that all astrological readings and interpretations provided by Mountains to Stars are for spiritual guidance and entertainment purposes only. No guarantees are given, and no prediction is 100% accurate. This service is not a substitute for professional medical, legal, financial, or psychological advice. By using these services, you agree to take full responsibility for any decisions or actions you take based on the information provided. You also agree to release Mountains to Stars from any liability for adverse consequences arising from this information.

7. Website Usage

7.1. Acceptance of Terms

By accessing and using the website located at mountainstostars.com ("the Website"), you agree to be bound by these Terms and Conditions, as well as any other terms, conditions, notices, and disclaimers contained elsewhere on the Website. If you do not agree with these terms, you must not access or use the Website.

7.2. Permitted Use

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms and Conditions. You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website.

7.3. Prohibited Conduct

You must not:
• Use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Website without the Business's express written consent.
• Use the Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

7.4. Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by the Business. The Business has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Business shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

7.5. Cookies

The Website uses cookies to enhance your browsing experience, analyse site traffic, and personalise content. Cookies are small text files stored on your device when you visit a website. By continuing to use the Website, you consent to the use of cookies in accordance with our Privacy Policy. You can manage your cookie preferences through your browser settings.

8. Privacy Policy

8.1. Collection of Personal Information

The Business is committed to protecting your privacy. We collect personal information from you in various ways, including when you register for services, make a booking, subscribe to our newsletter, or interact with our Website. This information may include your name, email address, contact details, and payment information.

8.2. Use of Personal Information

We use the personal information we collect for the primary purpose for which it was collected, including to:
• Provide and manage the services you request.
• Process payments and send invoices.
• Communicate with you about your bookings, services, and promotional offers.
• Improve our services and Website.
• Comply with legal obligations.

8.3. Disclosure of Personal Information

We may disclose your personal information to third parties where necessary to provide our services, such as payment processors or IT service providers. We will not sell, rent, or lease your personal information to third parties. We may also disclose your personal information if required by law or in connection with any legal proceedings or prospective legal proceedings.

8.4. Security of Personal Information

We take reasonable steps to protect the personal information we hold from misuse, interference, and loss, and from unauthorised access, modification, or disclosure. However, no data transmission over the internet can be guaranteed
to be 100% secure.

8.5. Accessing and Correcting Your Personal Information

You have the right to request access to the personal information we hold about you and to request that we correct any inaccuracies. Please contact us using the details in Section 14 to make such a request.

8.6. Further Information

For more detailed information about how we handle your personal information, please refer to our separate Privacy Policy, available on our Website.

9. Limitation of Liability

To the maximum extent permitted by law, the Business's total liability for any claim arising out of or in connection with this Agreement, whether in contract, tort (including negligence), or otherwise, shall be limited to the total fees paid
by the Client for the specific services giving rise to the claim.

The Business shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, even if advised of the possibility of such damages.

For all breathwork practices, whether live or pre-recorded, the Business disclaims any liability for the effectiveness or outcome of the practices, or any adverse effects arising from their use, as individual results may vary and depend on the Client's personal engagement, physical and mental condition, and consistent practice. The Client acknowledges that these practices are for general well-being and educational purposes and are not a substitute for professional medical or psychological advice or treatment.

10. Intellectual Property

Unless otherwise agreed in writing, all intellectual property rights in any materials, deliverables, or works created by the Business during the course of providing the services shall remain the property of the Business. Any intellectual property provided by the Client to the Business for the purpose of performing the services shall remain the property of the Client. The Client warrants that it has all necessary rights and licences to provide such intellectual property to the Business.

For digital products and pre-recorded content, the Business grants the Client a non-exclusive, non-transferable, limited license to access and use the content for personal, non-commercial purposes only. This license does not permit reproduction, distribution, public display, or creation of derivative works without the express written consent of the Business.

11. Confidentiality

Both parties agree to keep confidential all non-public information disclosed by the other party during the course of the engagement. For the purpose of astrology and breathwork services, "Confidential Information" specifically includes, but is not limited to, personal disclosures made by the Client during sessions, insights, interpretations, client data, and the Business's proprietary methodologies and techniques.

Confidential Information shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law. This obligation of confidentiality shall survive the termination of this Agreement.

12. Termination

12.1. Termination by Either Party

Either party may terminate this Agreement by providing 30 days' written notice to the other party.

12.2. Termination for Cause

Either party may terminate this Agreement immediately upon written notice if
the other party:
• Commits a material breach of this Agreement and fails to remedy such breach within 14 days of receiving written notice.
• Becomes insolvent, enters into liquidation, or has a receiver or administrator appointed over its assets.

12.3. Obligations Upon Termination

Upon termination of this Agreement, the Client shall pay for all services rendered up to the date of termination. The Business shall return any Client property or Confidential Information in its possession. Sections 6, 7, 8, 9, 10, 11,
12, 13, and 14 shall survive the termination of this Agreement.

13. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia.
Any dispute, controversy, or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by mediation, followed by arbitration if mediation is unsuccessful in accordance with the rules of a recognised Australian dispute resolution body.

14. Contact Information

For any questions or concerns regarding these Terms and Conditions, please contact:
Business Name: Mountains to Stars
Email: hello@mountainstostars.com

Client Acceptance

By engaging the services of Mountains to Stars or using its website, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.