TERMS & CONDITIONS

INTRODUCTION

Hello Radiant One. This website, www.AAOKAbeauty.com, is owned and operated by Sophie Duncan [ABN: 15 108 658 497]. If you have any queries or require further information, please get in touch via email: AAOKAbeauty@gmail.com or phone: 0423 941 064.

This document sets out the Terms and Conditions you need to be aware of when using this website, The Radiance Rhythms membership and AAOKA® services. Please take a moment to read it, as it sets out the terms of our relationship so that we may both benefit from clear boundaries when working together.

When you visit this website or use AAOKA® services you agree that you are over the age of 18 and willing to be bound by these Terms and Conditions. If you don’t agree, you should not continue to visit this website or purchase from me.

This document may be changed or modified from time to time. Please check back regularly to ensure you are aware of any changes.

There may be additional specific terms of service provided to you in relation to my services. If there is any inconsistency between this document and those specific terms of service, these Website Terms & Conditions are overruled to the extent of the inconsistency.

All services advertised on this website are offered in compliance with Australian Consumer Law.

WEBSITE CONTENT DISCLAIMER

On this website and social media platforms, I deliver information regarding Holistic Beauty and Ayurvedic Diet & Lifestyle. This content is provided solely for your education and personal development, to support you in connecting with your most radiant, vital and beautiful self. The information included in this website, my social media platforms, The Radiance Rhythms membership and AAOKA® services is not a substitute for appropriately qualified medical diagnosis or advice. I am not a licensed medical care provider and I do not provide medical advice, diagnosis or treatment. Always consult your GP or Health Care Provider. I assume no liability for any damages that may arise from your use of my content unless it is directly attributable to my negligence.

CONTENT POLICY

I take the utmost care to provide valuable information but cannot be responsible for the use you make of it. It is important that you understand that the generalized content I provide in this website, my social media platforms and The Radiance Rhythms membership, is never a substitute for professional advice specific to your personal situation.

There is no professional relationship formed by your visit to my website, or public social media platforms, unless you explicitly choose to work with me by purchasing AAOKA® services. Any testimonials or results I may display are based on my experience and those of my previous clients. They do not guarantee that anyone else will achieve the same results.

While I take all reasonable care to ensure that the information that I provide is accurate, relevant and up to date, I make no guarantees in this regard and disclaim any legal liability for any inaccuracy, incompleteness or error. If you find something that seems problematic, I would be very grateful if you would let me know. I may modify the content provided on this website at any time, including altering or deleting it without notice.

VISITOR RESPONSIBILITIES

You are responsible for your own safety and well-being. Please do not take any action or make major life decisions without first seeking independent, appropriately qualified professional advice specific to your individual needs.

DOWNLOADS

This site may provide complementary and paid downloads. I make every effort to ensure that these downloads are safe and virus free. However, if a virus or any other damage were to occur as a result of you downloading material from this site, I take no responsibility. Please ensure you protect yourself by having appropriate protection against viruses and other potential attacks that may arise without my knowledge.

EXTERNAL LINKS

I may occasionally provide links to external sites via this website and my social media platforms. Please understand that the information provided on these external sites is out of my control and I hold no responsibility regarding their content. External links are provided purely for information and educational purposes.

THE RADIANCE RHYTHMS MEMBERSHIP

All content and offerings within The Radiance Rhythms membership are subject to change, and may be removed from the site at any time. The membership in itself is subject to change as the platform continues to grow and evolve. Any changes within the platform will be clearly communicated with members via email.

GUEST SPEAKERS IN THE RADIANCE RHYTHMS MEMBERSHIP

From time to time, guest speakers may be invited to present on specialty topics in The Radiance Rhythms membership. They retain full copyright ownership of, and responsibility for the accuracy of their presentation. The opinions and content they present are entirely their own. While I believe them to be reputable, experienced practitioners, I am not responsible for anything they choose to share, and any transaction you enter into with them is solely their responsibility.

DISCLAIMER FOR SERVICES

There are various AAOKA® services which are available for purchase or booking through this website. These Terms and Conditions apply to all AAOKA® services unless alternative terms are explicitly provided to you. I offer the following services:

SERVICES

~ Remembering Radiance – 21 Day Virtual Beauty Package

~ 1:1 Virtual Beauty & Skincare Consultations

~ The Radiance Rhythms Membership

~ Workshops & Masterclasses

WHY WORK WITH ME?

The intention for all AAOKA® services is to provide holistic support to those who wish to enhance their health, beauty and to age with radiance. Now - more than ever before - I believe it’s vital that we choose ways to enhance our beauty that simultaneously nourish our bodies, minds and the earth.

My credentials and training are available to view on the About page of this website.

PROVIDER RESPONSIBILITY

I take responsibility as the provider of AAOKA® services by ensuring that the information I share has been well researched, and/or learned from reliable resources. I am committed to ongoing studies in the fields of Ayurveda and Holistic Beauty, so I may continue to deepen my knowledge and services. I am dedicated to providing high quality services by committing to best practice in all areas of business. I welcome honest feedback from my clients so I may continue to improve the services I offer.

It is your responsibility to ensure that shiro abhyanga, face massage and any of the other self care modalities shared via AAOKA® services are appropriate for you at any time you should choose to practice. Please refer to the contraindications mentioned further down in these T&C.

CONSUMER RESPONSIBILITY

As the consumer, it is your full responsibility to take proper care of your health and safety.

SERVICES

The services offered by AAOKA® are intended to support the enhancement of one’s natural beauty and wellbeing, using Ayurvedic wisdom and devotional skin care. These services are not a substitute for appropriately qualified medical diagnosis or advice.

The advice offered in all AAOKA® services is limited to providing you with options for your consideration. You are solely responsible for any actions you choose to take. I am not a licensed medical care provider and the information I provide should never be used for diagnosing or treating any health problem or disease. If you have any health or skin concerns, it is vital that you speak with your health care provider immediately.

IMPORTANT INFORMATION

It is important to understand that the work I teach is not a quick fix. I focus on sharing a way of life that naturally feeds beauty from within. My role as the educator is to provide you with information so you can make choices that lead you in the direction of wellbeing and enhanced beauty. It is your responsibility to make careful choices and take ownership of your journey. Only you are responsible for your radiant transformation.

SPECIFIC INSTRUCTIONS

Please arrive at any workshop, masterclass, consultation or massage tutorial with a freshly cleansed face, clean hands and a natural oil that will be used for massaging the face.

If you have had any cosmetic surgery or injections (such as Botox or fillers), surgery of any kind to the face, neck, shoulder or head area, are pregnant or have any medical and/or skin conditions, it is important that you obtain approval to massage and exercise the face, neck and head from your healthcare specialist or physician.

It is essential that you are open and honest with me when returning any questionnaires or intake forms requesting personal information. This information is important for me to provide you with a high-quality service, ensure your specific needs are taken into account, and to ensure that suggested techniques are safe for your practice.

RISKS

You take full responsibility for notifying me of any change in your circumstance while we are working together (such as pregnancy, beginning a new medication or receiving cosmetic surgery) and for considering how any changes may impact your implementation of techniques you have learned or recommendations you have chosen to follow as a result of our time together.

CONTRAINDICATIONS FOR FACE MASSAGE, FACE YOGA, facial cupping & SHIRO ABHYANGA

The holistic beauty techniques that are taught in AAOKA® services are gentle, non-invasive and nurturing. They should never cause any discomfort or pain. These tools and techniques may assist with enhancing physical appearance by naturally nourishing the skin and releasing tension from the face, neck, shoulders and head area. They are cosmetic only, and not a substitute for appropriately qualified medical diagnosis or advice.

Always practice common sense and work to your own comfortable level.

Face Massage, Face Yoga & Gua Sha

Contraindications for face massage, face yoga & Gua Sha and may include the following:

~ active breakouts

~ skin diseases, disorders, problems, sensitivities, allergies or tenderness,

~ ulcerated sores, skin ulcers,

~ broken, bruised, blistered, damaged or bleeding skin,

~ inflamed tissue,

~ recent or acute sunburn or windburn,

~ injuries or recent surgery to the face, neck, shoulders or head,

~ thin muscles or un even skin, bone fractures, muscle spasms,

~ Botox or fillers,

~ recent scar tissue on the face, neck, shoulders or head,

~ recent haemorrhage or bleeding, bleeding disorders, anti-coagulant therapy, illness that cause bleeding, bleeding tendencies,

~ oedema, undiagnosed lumps or swelling,

~ broken capillaries, acne, eczema, dermatitis, or psoriasis,

~ bacterial, fungal or viral infections affecting the face, neck, shoulders, head or hands (such as conjunctivitis, boils, ringworm or active herpes lesions),

~ tumours, cancer, those undergoing cancer treatment or cancer survivors who have had lymph nodes removed,

~ severe heart diseases, weak heart, faintness,

~ fever and illness, and

~ epilepsy or illness that causes uncontrollable muscle contractions or convulsions.

~ if you are intoxicated or suffering from food poisoning,

If you are pregnant, if any of the above listed contraindications apply to you, or if you have any other health/ skin condition, it is essential that you check with your healthcare specialist or physician to ask if gua sha, face massage and/ or face yoga are suitable for your current condition.

Shiro Abhyanga

In addition to the contraindications mentioned above, precautions for shiro abhyanga (head massage) include:

~ the very young, elderly or those suffering from bone problems,

~ epilepsy, clinical depression or any other serious medical condition,

~ cancer,

~ very high or very low blood pressure,

~ chronic fatigue syndrome or any acute infectious disease, localized infectious skin disorders on the scalp or head, severe inflammations,

~ localized dilation of the blood vessels, high temperature or fever, and

~ pregnancy (given that every pregnancy is so unique, please check with your healthcare provider before massaging the head and steer clear of 1st and 3rd trimester massage).

Facial Cupping

In addition to the contraindications mentioned above, precautions for facial cupping include:

~ do not cup over the carotid arteries or jugular on the neck

~ botox

~ rosacea, broken capillaries,

~ broken skill, lesions, blisters, sores

~ thin skin that bruises easily

~ various moles in a facial region

~ skin cancer

~ allergic reaction history

After cupping avoid exposure to; extreme heat/ sun, cold and windy weather, wearing make up (6 hours post cupping).

If you are pregnant, if any of the above listed contraindications apply to you, or if you have any other health/ skin condition, it is essential that you check with your healthcare specialist or physician to ask if facial cupping, gua sha and/ or massaging and exercising the face, neck and head are suitable for your current condition.

DIET & LIFESTYLE ADVICE

Dietary recommendations are for the purpose of enhancing wellbeing and radiance. These recommendations do not take into consideration any allergies or intolerances. Please conduct your own research using reliable evidence-based resources, seek appropriately qualified advice and make informed decisions about what is right for you before acting on any information I provide or making major diet or lifestyle changes.

PRODUCT RECOMMENDATIONS

Skin reactions can still occur when using natural and edible ingredients. It is recommended to patch test new ingredients on a small piece of skin on the inner arm before applying to your face, head or neck. If you experience any unusual symptoms as a result of using any ingredient, please discontinue use immediately and seek appropriately qualified medical advice if necessary.

LIMITATIONS

AAOKA® services are for the purpose of enhancing health, beauty and skin balance using Ayurvedic wisdom, face massage, face yoga and natural products. It is important to clarify that the advice I offer when working with clients is not a substitute for appropriately qualified medical diagnosis or advice, or mental health support.

It is also important to understand that working with AAOKA® services does not give you any qualifications allowing you to teach the information and techniques shared to others. The information provided is always for your personal self-care practice only.

SUITABILITY

AAOKA® services are intended to benefit anyone seeking ways to naturally enhance their beauty and to age with radiance. Our ideal clients are women who are ready to take beauty back into their own hands and let go of cultural programming that suggests our radiance is something to be sourced from without. If you choose to work with me, it is vital that you take full responsibility for your wellbeing and beauty. I am here to act as your guide and support - true transformation demands radical self-responsibility.

UNSUITABILITY

Please understand that if you are not willing to be self-responsible for your own health, wellbeing and beauty, AAOKA® services will not be of benefit to you. It’s important for me to clarify this, so you have the opportunity to discern if these offerings are aligned with your goals and values before you invest your time and resources.

LIMITATION OF LIABILITY

I take my obligations under Australian Consumer Law seriously and will do my best to address any issues that arise. However, even if there is a major problem, my liability is strictly limited to:

~ providing the services again; or
~ if I am unable to do so within 48 hours, providing you with a full refund.

INVITATION TO DISCUSS PROBLEM

If you feel that there is any problem regarding AAOKA® services, please let me know within 7 days. I will be keen to understand what has gone wrong if you are unhappy so that I can address your concerns and try to find a mutually acceptable solution.

WAIVER

I do not make any guarantees or warranties about the accuracy of any materials displayed on this website, with the exception of any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law. Despite the best of intentions, human errors can happen. If you see something that doesn’t appear right, I would be grateful if you would let me know.

I want our relationship to be fair, and to take responsibility for my actions, just as I ask you to take responsibility for yours. As a result, any indemnities or liability outlined below will be reduced proportionately to the extent the liability was caused by my negligence.

While I make all reasonable efforts to ensure that this website and my services meet with the highest standards of best practice, if something does go wrong that is not a direct result of my negligence, misrepresentation or deliberate fault, you agree that, to the fullest extent permitted by law, I will not be liable for any loss or damage arising out of or related to my website, any services purchased through it, any material posted on it, or any material downloaded from it irrespective of whether such damages were foreseeable, and regardless of the nature of the claim.

You take full responsibility for your implementation of any suggestions that I may make while providing my services. You understand that my advice is limited to providing you with options for your consideration, and that you are solely responsible for any actions that you choose to take. Always consult your own values and vision, do your own research, and check with appropriately qualified professionals before making major decisions or making significant changes. You agree to indemnify me against all consequences arising directly or indirectly from your choices.

You expressly agree that if this limitation of liability is unenforceable for any reason other than contractual fairness, my total cumulative liability for all causes of action of any kind shall not exceed the amount that you have paid to me.

INTELLECTUAL PROPERTY

COPYRIGHT

TRADE MARKS

AAOKA® is a registered trade mark in Australia, and an unregistered trade mark wherever else in the world it is used. This trade mark may not be used in connection with any other product or service without a license, or in any way that is likely to cause confusion in the marketplace, or in any manner that disparages me or my business.

PAYMENT TERMS

FORMS OF PAYMENT

All payments made through this website - including monthly membership fees for The Radiance Rhythms - are processed using Stripe.

For Australian customers and for purchases over $80.00 AUD, if Stripe is not suitable for you, please email AAOKAbeauty@gmail.com to request an invoice for EFT deposit to my bank account or enquire about other alternatives, such as PayPal.

SECURITY POLICY

I do not have access to your account details. Any financial information you enter is stored under Stripes security policy: https://stripe.com/docs/security.

PAYMENT PLANS

I offer payment plans spread over two installments for my 21-day program - ‘Remembering Radiance’. It is your responsibility to ensure you have sufficient funds to make the payment installments on time. If your payment is not made on time, sessions will be postponed until the balance has been paid. All payment plans incur a $15 AUD admin fee which will be added to your first invoice.

THE RADIANCE RHYTHMS MONTHLY MEMBERSHIP PLAN

Your membership fee will be deducted monthly or annually depending on the plan you choose. It is your responsibility to ensure there is sufficient funds to cover these charges. If a payment fails because funds are not available, three payment attempts will be made before your access to the membership portal is suspended.

If you choose to leave your membership suspended and return at a later date, please be aware that membership prices may rise while you are away, and when you choose to sign up again, it will be at the current membership price. Prices are subject to change and the price you sign up with will be locked in for as long as you remain an active member.

If you choose to leave The Radiance Rhythms membership, you will loose access to the video content. Please note the terms relating to intellectual property, as you not are not allowed to download, record or otherwise make copies of my content. The PDF handouts that are provided within the membership are yours to keep.

PURCHASE CODES

Purchase codes for Remembering Radiance and Facelift Massage Classes are valid for 3 months. If you do not redeem these codes within 3 months, they will expire and are not refundable.

DELIVERY OF SERVICES

AAOKA® live consultations, workshops and facelift massage classes are held via Zoom. Please ensure you have installed Zoom prior to the scheduled meeting time to avoid feeling rushed and running late - https://zoom.us/download.

Workshops and facelift massage classes will be held as group meetings, so you will be visible to other participants on the call. If you do not feel comfortable with this setting, please keep your video turned off or consider my 1:1 services instead.

To receive the most benefits from our time together, it is recommended to set yourself up in a place that is quiet, comfortable, nurturing and private.

TECHNICAL DIFFICULTIES

If for some reason there is a problem with Zoom, please phone or text me on 0423 941 064, or for overseas clients email me on AAOKAbeauty@gmail.com.

Skype is used as a virtual backup meeting space, so it is recommended to have this installed if possible ~ https://www.skype.com/en/get-skype.

You can find me on skype by searching for the email address: AAOKAbeauty@gmail.com

As a final solution to technical difficulties, WhatsApp can be used for 1:1 correspondence ~ https://www.whatsapp.com. My number is 0423 941 064 and the account name is AAOKA Beauty.

APPOINTMENT POLICIES

Limited consultation spaces are available, and therefore cancellations or requests to reschedule must be made at least 48 hours before the scheduled consultation.

Except in an emergency or for reasons that are out of your control, payment is forfeited for missed appointments, and for cancellations or reschedule requests with less than 48 hours’ notice.

REFUND POLICIES

CHANGE OF MIND & REFUND REQUESTS

Ayurvedic Beauty & Skincare Consultations - Limited consultation spaces are available, and therefore requests for refunds must be made at least 48 hours before the scheduled consultation. For cancellations made more than 48 hours before the scheduled consultation, a refund will be issued to you within 72 hours minus a $30.00 AUD admin fee.

‘Remembering Radiance’ 21 Day Package - Limited spaces for this package are available and therefore requests for refunds must be made at least 48 hours prior to the first scheduled consultation. For cancellations made more than 48 hours before the first scheduled consultation, a refund will be issued to you within 72 hours minus a $30.00 AUD admin fee. I do not issue refunds for this package once we have started working together. If you would like to test the waters before investing in this package, I would recommend attending a Facelift Massage Group Class, which can be purchased through the website.

Workshops - Due to the small transactional amount associated with AAOKA® workshops, I do not offer refunds for change of mind except in an emergency or for reasons that are out of your control. You may request to reschedule your spot up to 48 hours before the class you have booked for.

The Radiance Rhythms Membership - Monthly memberships can be canceled anytime. There are no refunds for change of mind with annual memberships, so please ensure this option is right for you before committing to the annual membership. If you would like to cancel your membership, it is your responsibility to do so before the next billing cycle. There are no refunds issued for failing to cancel your membership before the next monthly or annual billing cycle.

ORDER FULFILMENT POLICY

In the case that I cannot fulfill a service (due to matters outside of my control) a full refund will be issued to you within 7 days.

RESPECTFUL COMMUNICATION

COMMENTS POLICY

I reserve the right to delete any comments on my website or social media accounts that I consider to be rude, offensive or unacceptable.

RESPONSIBLE ENGAGEMENT

A prerequisite for attending a Virtual Facelift Massage Class or AAOKA® workshop is that you engage responsibly and respect the privacy of other participants in the group. If you are unable to meet this prerequisite or choose to engage in unkind or offensive ways within the group setting, you will be asked politely to leave the virtual space, and no refunds will be issued. The replays of these classes, which are password protected, are not to be shared, copied or downloaded.

DISPUTE RESOLUTION & JURISDICTION

NEGOTIATION

If you have any concerns or complaints arising out of your use of this website, the services I offer, or these Terms and Conditions, I ask that you agree to communicate with the intention of making a genuine effort to seek a win/win solution through negotiation and discussion. Please email me at AAOKAbeauty@gmail.com and I will endeavor to reply within 72 hours.

MEDIATION

“We” below refers to everyone involved in the dispute.

If the dispute cannot be resolved by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an independent accredited mediator, seeking mediation online or by telephone if we are not both geographically located within 100kms of each other.

The mediator is to be appointed by agreement between us or, failing agreement within 21 days of the negotiation period ending, the person initiating the dispute will seek the appointment of a dispute resolution professional by the President of the Law Society of New South Wales or similar neutral authority.

We agree to share all the costs of mediation equally between us.

We agree that neither of us will commence legal action until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.

NON-DISPARAGEMENT

If a dispute arises, we all agree that we will not engage in any public discussion about the issues, we will behave politely towards each other, and we will avoid any conduct or communication which might reasonably be expected to unreasonably interfere with any other person’s business or personal interests.

JURISDICTION

This agreement is subject to the governing law of New South Wales. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of New South Wales and the Commonwealth of Australia, will have exclusive jurisdiction.