1. Acceptance of Terms
These terms and conditions, are a legally binding agreement between you (the client) and Brianna Hohaia. By accessing or using our services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you may not access or use our services.
For the purpose of these terms, including the word, ‘client’ or ‘you’ or ‘your’ means you as the user, client, website visitor or other individual of the service and ‘Brianna’ referred as ‘Brianna Hohaia Holistic Counsellor’ to describe conditions.
We may choose to update these terms and conditions at any point in the future. When you sign an agreement, you agree to these terms and conditions.
2. Description of Services
Our services include [brief description of services provided]. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice.
3. User Accounts
You may be required to create an account to access certain features of our services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account.
4. Services
4.1 Brianna Hohaia Holistic Counsellor, agrees to supply the agreed services to you the client that have paid a fee subject to the terms and conditions in the agreement.
a. The services will be supplied to the client until the agreement is terminated subject to these terms.
b. The service will be delivered within a reasonable time after the commencement date and may require additional time to undertake consultation with client and prepare the service. If Brianna Hohaia Holistic Counsellor is unable to attend agreed service time and date, Brianna will reschedule the client to a new agreed upon date and time.
c. Any notes from services between client and Brianna will be kept in a safe and secure place.
d. The client’s privacy and safety are of upmost importance and all information is kept confidential and private. The data gathered from the client intake form will only be used as a basis for the type of coach/counselling the client will need.
e. Information from services between client and Brianna may be subjected to discussion with a supervisor within the health and wellbeing profession, but privacy of the client will be of highest priority. If Brianna is concerned that client is at risk of harm or harming others, or in exceptional circumstances private information may be share before speaking to you about it. Within these terms and conditions, you agree that Brianna is required by law to disclose any unlawful, inappropriate behaviour or medical risk to appropriate profession within an ethical framework.
f. Brianna will attempt to obtain the Goals of the Client. The Client acknowledges that Brianna makes no representation that the Goals can be achieved.
4.2 The client, You, agrees to the terms and conditions in the agreement,
a. You agree to provide all current and up to date details of all professionals that are supporting the client. This may include but isn't limited to doctors, consultants, psychiatrists, psychologists and emotional wellbeing workers. You agree to allow Brianna to contact any professional if needed.
b. You agree to make contact with Brianna within a timely manner.
c. You agree to attend sessions. If the client is unable to attend upon the agreed upon time and date, the client agrees to email no later than 24 hours in advance to reschedule to a later time and date . If a service is missed without written notice, or missed due to change of mind, there will be no refund or make up session provided.
d. You agree to respect each other's wishes in regards to confidentiality and not to discuss or otherwise share what has been brought into your sessions.
e. You agree not attend sessions whilst under the influence of alcohol and/or drugs. Subject to attending sessions under the influence of alcohol or drugs the contract will be terminated and no refund will be provided for services.
f. You agree upon the time and date or session, if the client is running late, the session will still end of agreed upon time.
g. You agree to conduct services in a quite and private environment with mobile turned off and minimal distractions.
h. You agree to update and inform Brianna of any changes to personal details and circumstances.
I. You agree to pay invoices in full prior to session conducted.
j. You agree not to use our services for any unlawful purpose or in any way that violates these Terms and Conditions.
You also agree not to:
Harass, abuse, or harm other users
Violate the rights of third parties
Interfere with or disrupt the operation of our services
Use our services for commercial solicitation without our prior written consent
4.3 The client agrees not to constitute or imply any partnership, joint venture or relationship between parties whilst under contract of the agreement.
4.4 The client agrees that Brianna is not a mental health practitioner and if the client needs to be referred on Brianna will advise client to seek further help for their own wellbeing.
5. Fees Accounts and Debit Facility
5.1 In accordance to the agreement between client and Brianna, the client agrees to pay the invoice in full by the due date.
5.2 The fee payable by the Client for the Services is inclusive of GST.
5.3 The client must pay the fee in advance, prior to the agreement start date. Brianna is not obliged to perform any service until the fee is paid in advance.
5.4 The client agrees to pay any deposit by due date stated on invoice.
5.5 Brianna has authority to directly debit the owed fee from client’s nominated bank account on agreed term basis.
6. Intellectual Property
6.1 All content, documents and materials available on our services, including but not limited to text, graphics, logos, images, and software, are the property of Brianna Hohaia Holistic Counsellor, or its licensors and are protected by copyright, trademark, and other intellectual property laws.
6.2 The Client must advise Brianna as soon as possible, in writing, if there is any Claim or any legal threat by any third party in respect of the Intellectual Property owned by Brianna or the Client relating to the conditions of the services under this agreement.
7. Limitation of Liability
7.1 To the fullest extent permitted by law. Brianna Hohaia Holistic Counsellor , shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of our services.
8. Confidentiality
8.1 The client agrees that all information disclosed between client and Brianna, can be disclosed to a third party, if necessary for the clients own wellbeing.
8.2 The client agrees to notify Brianna in writing or disclose any documents relevant information to the service provided by Brianna. Any confidential information shared is to be mark (“Confidential Information”). Despite this, confidential information can be shared, if needed to be disclosed by law or a breach of this agreement.
9. Indemnification
9.1 You agree to indemnify and hold Brianna Hohaia Holistic Counsellor, its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, or expenses arising out of or in any way connected with your use of our services.
9.2 Services provided by Brianna will be provided by the request of the client as stated on the agreement, subject to breach or unlawful behaviour.
9.3 Brianna does not warrant that the service, product or course will be provided without interruption or be error free.
9.4 If the services (or any part of it) supplied by Brianna are negligently or in breach of this agreement, then the Client must give Brianna the opportunity to re-supply the relevant part of the Services to rectify the same.
9.5 The client agrees that no warranty can be provided for any goal, result or request to be achieved by completion date or any other date, whether stated in the agreement or not.
9.6 Brianna agree to replacing, repairing, reimbursing or resupply any service, product or course supplied to the client if it is faulty within reasonable cause.
9.7 No work completed or contracted by Brianna is subject to the State or Territories of Australia where the work is completed.
9.8 Brianna will not be liable in any circumstances for any Loss or damage (including consequential loss or damage including loss of profit) to the Client or any property or person whatsoever arising out of or connected with:
a. These terms;
b. The Client’s access to, use of or inability to use any of the product or Services.
c. The provision of the any product or Services under this agreement;
d. The delay in delivery, delay or non-delivery of any product or Services supplied to the Client; or
e. The delay in completing or a breach of this document by Brianna.
f. Any breach by the client or failing to follow the reasonable advice is indemnified.
9.9 The Client indemnifies Brianna against any Loss, Claim, damage or expense (including legal fees on a full indemnity basis) incurred by Brianna or any of Brianna’s employees, contractors and agents.
10. Governing Law
10.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia, without regard to its conflict of law provisions. Any legal action relating to this agreement must be brought in any court of competent jurisdiction in the State of Western Australia, and the parties irrevocably, generally and unconditionally submit to the exclusive jurisdiction of the courts of that State.
10.2 Any notice may be served by delivery in person, by post or by email to the address or email of the recipient most recently notified by the recipient to the sender.
10.3 Any notice to or by a party under this document must be in writing and signed by either the sender or, if a corporate party, an authorised officer of the sender or the party’s solicitor between the times of 9am and 4.00pm local time.
11. Marketing Material
11.1 The client authorises Brianna to use the clients name and general location in marketing material, within Brianna’s website and in promotional materials. The client may request to withdraw from this, by providing notice within writing to Brianna.
11.2 By providing your email address, you agree to allow occasional marketing content and information to be sent to you with a voluntary opt out request.
12. Changes to Terms and Conditions
12.1 We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your continued use of our services after any such changes constitutes your acceptance of the new Terms and Conditions.
13. Disagreement
13.1 Any disputes under this agreement, the client agrees to notify Brianna in written notice, with the outcome required, subject and action they wish to take in order for both parties to come to an agreement. Attempts to resolve the disagreement are to be negotiated with 14 days from the date of written dispute or longer, if both parties to agree.
13.2 Any disputed are the be resolved permitted by the law and in relation to this agreement.
14. Termination Of Agreement
14.1 Brianna reserves the right to immediately terminate the agreement if the client fails to pay the fees on agreed dates, if the client become bankrupt or laws around guardianship or mental capacity. If the client is committing any illegal or unlawful activities. If the client does not follow reasonable advice.
14.2 The client is able to terminate their agreement within 30days with written notice.
15. Terms Of Use
Brianna does not provide medical, legal or other professional advice and cannot be held accountable for any offence taken due to translation, interpretation or mistakes in grammar or punctuation. Brianna will not be liable for any losses, injuries or damage from the use of this information. The owner of this website reserves the right to delete any comments submitted to this website or social media that are considered profane, inappropriate, spam or bullying. All content from Brianna is not to be used, modified or published without the consent to the owner. A link must appear in all copies of any content used, including blog posts, social media posts or any media used by the owner of this website. All content on this website, blog or within services, product or courses is for informational and entertainment purposes only. A guarantee accuracy, cannot be given. Any information on this website, blog or in services, products or course is entered under your free will. If you do not accept these terms and conditions, please cease the use of these services.
16. Cancellation Policy
16.1 Payment as stated on invoice is to be paid in full and cleared in bank account prior to services commenced on agreed upon date and time.
16.2 All cancellation is to be informed in writing 24 hours prior to scheduled service as stated on agreement. Once the service has been performed no refund will be provided, the client can request a refund in accordance to ACL but not for change of mind, insistence on the service being a particular way, against the advice provided by Brianna or if the client has failed to clearly explain their needs to Brianna. A refund will not be provided if a problem with the service is outside of the control of Brianna.
16.3 Unavoidable situations such as illness or emergencies Brianna may use discretion to waiver cancellation fees in certain situation out of good will.
16.4 Penalties may be occurred for last-minute cancellations. If you cancel your appointment less than [24 hours] before it is scheduled to take place, you will be subject to a [penalty/fee/rebooking charge of 50% of full amount due. To avoid a cancellation fee, please provide cancellation notice at least [24 hours] prior to your appointment. The client can cancel or reschedule an appointment by emailing us.
16.5 Due to the increased financial burden of no-shows, no refund will be provided for services, protect or courses.
16.6 Clients agree to show up on time for services and do preparation to the best of their ability.
Last updated: 24/03/2025