Terms & conditions
In these Terms and Conditions (Terms), "we", “our”, "us" or “Inner Realms” means Inner Realms Pty Ltd t/a Mitchell Coombes ABN 53 632 113 841 (Inner Realms), its successors and assignees and "you" means the person, organisation or entity that purchases products or makes a booking for our services (including private readings). The Terms apply to: (i) all sales made by us to consumers; and (ii) all bookings made with us for a private reading with Mitchell Coombes, through our website available at shop.mitchellcoombes.com (Site).
These Terms form the agreement under which we will supply products and services to you. Please read the Terms carefully. Please contact us using the details at the end of these Terms if you have any questions, before you purchase our products or related services from us.
1. AcceptanceBy accessing and/or using the Site, making a purchase or appointment, you agree:
- that you are not eligible to participate in a private reading and you must not make an appointment for a private reading if you are less than 18 years old;
- that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
- to use the Site in accordance with the Terms.
- You may place an order with us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products (including digital content) for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.
- We may at our discretion accept or reject an order depending on factors including availability of products and our ability to validate payment for the products. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
- It is your responsibility to check the order details, including product and pricing, before you complete your order on our Site.
- When you order and pay on the Site and your payment has been validated, we will provide you with an order summary, containing the order ID, the shipping and billing addresses and a description of what was ordered.
- A binding agreement comes into existence between you and us, once we have given you an order number. No changes to the Terms will be effective unless we both agree to the changes in writing.
3. Payments for Orders
- You agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of a product, plus any applicable delivery and insurance charges based on the delivery options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Delivery and any insurance charges will be separately shown. GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
- You must pay for the product using one of the methods set out on the Site, such as Stripe, or any other payment method we may make available. Your payment will be processed upon receipt of your order. If your payment is not able to be successfully processed then your order may be cancelled.
4. Availability and Cancellation
- All purchases made with us are subject to availability. We do our best to keep in stock most products that are advertised by us, and to keep our Site up to date with availability of products.
- If there is a considerable delay in dispatching your order, there was an error on our Site (for example in relation to a description, price or image), or if for any reason, we cannot supply a product you have ordered (for example for an event beyond our reasonable control), we will contact you using the contact details provided by you when you placed the order. You can choose a refund or store credit. If you choose a refund or store credit, any delivery costs you have paid for the product will be refunded to you.
- If certain products are out of stock or discontinued, we will contact you to obtain your permission to substitute a product with another product of similar appearance, value and size. If you indicate that you do not want us to substitute the product, we will provide you with a full refund or credit for that product only. If there are other products in your order, those products will be still be processed and you will not be entitled to a refund or store credit for those products.
- We reserve the right to cancel an order that we have previously accepted, to refuse supply of the products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on our Site at our sole discretion, without incurring any liability to you.
Location: We deliver worldwide. Please refer to delivery information on our Site, to check that you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options. Please note that delivery outside of Australia may incur additional shipping costs or taxes, as set out on the Site.
Cost: Packaging and shipping prices are additional and set when you are placing your order on the Site. We may offer free shipping, flat rate shipping, or any other shipping offer from time to time.
Timing: We will normally dispatch the product within 7 Business Days of the receipt of your order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. We will deliver the product to the place of delivery you specify when making your order.
Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. If you are not available to take delivery on the agreed delivery date, you may be charged a delivery fee for each additional attempt for delivery.
Method: We may deliver the products via a range of delivery methods. If you are not at the delivery address to accept delivery, the delivery may be left in your mailbox or by the front door, or, you may be notified, generally by the delivery company leaving a card with contact details so that you can arrange another delivery time and date.
- Title and Risk: Title to the products will remain with us until you have paid us the price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.
6. Discount Codes and Promotions
- We may from time to time offer promotional discount codes, which may be applicable to products on the Site, and must be entered at the time of submitting your Order. The conditions of use relating to any discount code will be specified at the time that it is issued and any promotional offers are subject to availability of stock.
7. Refunds for Change of Mind
- We do not provide refunds for any of our products, including Digital Content, for change of mind or other circumstances, including, in the case of Digital Content, due to incompatibility with your computer software, hardware or systems or your lack of computer literacy skills.
- You may request an appointment for a private reading with Mitchell Coombes (Private Reading) whether it be conducted face-to-face (Face-to-face Reading) or via phone or video call (Virtual Reading), as set out on our Site (including through an online scheduler, over the phone or by email). Once we receive your appointment request, and you have made payment (if applicable), we will send you an email to confirm the appointment (Appointment). We reserve the right to reject any appointment request. We will endeavour to notify you of a rejection at the time of the appointment request or within a reasonable time after becoming aware that we will not be able to fulfil the Appointment. In this case, we will assist you to reschedule the Appointment to another time, and you will have no liability to pay for the cancelled Appointment.
- Every Appointment is subject to, and will be governed by, these Terms and other conditions agreed to between the Parties.
9. Prices and payment for Appointments
- You agree to pay us the fee, as set out on the Site or as otherwise agreed between the parties, at the time and according to the payment terms on our Site or as otherwise agreed between the parties. All amounts are stated in Australian dollars.
- For a Face-to-face Reading, you may be required to pay a deposit as set out on the Site (Deposit) to secure your Appointment, and the balance of the fee as set out on the Site (Balance) at a later date. In some instances, we will require you to pay the full fee upfront (Fee), as set out on the Site or as otherwise agreed between the Parties, to secure your Appointment. If we require the full Fee upfront, we will let you know before you book the Appointment.
- For a Virtual Reading, you are required to pay the Fee in full to secure your Appointment.
- If we do not receive the Deposit or the full Fee upfront (as applicable), or if we are unable to process your payment prior to your requested booking date and time, your Appointment will not be scheduled and confirmed.
- If you have paid a Deposit, you agree that:
- the Deposit is non-refundable and non-transferable;
- full payment of the Balance is required, if applicable, at our sole discretion, either at:
- completion of the Private Reading; or
- prior to the Private Reading as agreed between the Parties.
- if the Balance is to be paid at the completion of the Private Reading and you do not pay, we have the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us; and
- if we request that the Balance is to be paid to us prior to the Private Reading and payment is not received, we will cancel your Appointment.
- If and when applicable, GST payable for the Appointment will be indicated to you. By accepting these Terms, you agree to pay us an amount equivalent to the GST imposed on these charges.
- Our pricing structure or payment methods may be amended from time to time in our discretion.
10. Location and timing
- In order to participate in your Face-to-face Reading, you agree to attend your Face-to-face Reading at the time and location chosen by you when making your Appointment. Incorrectly scheduled bookings will be treated as a missed appointment within 72 hours in accordance with our Cancellation Policy set out below at clause 11.
- Due to privacy reasons, the address for your Face-to-face Reading will only be sent to you upon receipt of the Deposit or Fee (as applicable).
- We will contact you at the date and time chosen by you when you made your Appointment, either via your chosen contact number or through the video caller ID you provide to us. If you have selected a phone reading, we will contact you using a private number.
- We will attempt to contact you via the contact number or video caller ID provided by you when you made your Appointment, and if we are unable to reach you after 3 attempts within the first 5 minutes of your scheduled time, it will be treated as a missed Appointment in accordance with our Cancellation Policy set out below at clause 11.
11. Cancellation Policy
- You are able to cancel an Appointment by:
- clicking the “cancel booking” button (or similar) in your confirmation and/or reminder emails; or
- replying to the confirmation email sent to you to confirm the date and time of your Appointment.
- We require at least 72 hours’ notice if you wish to cancel an Appointment.
- If you have paid a Deposit and you cancel your Appointment at least 72 hours prior to your scheduled Private Reading, we will retain your Deposit and provide you with a refund of the Balance, if it has already been paid.
- If you have paid a Deposit and you cancel your Appointment less than 72 hours prior to your scheduled Private Reading, we will retain your Deposit and we may, at our sole discretion, charge you the Balance for your scheduled Private Reading.
- If you have paid the full Fee upfront and you cancel your Private Reading at least 72 hours prior to your scheduled Appointment, we will provide you with a refund of 50% of the Fee paid.
- If you have paid the full Fee upfront and you cancel your Private Reading less than 72 hours prior to your scheduled Appointment, we will retain the Fee paid.
- We will use reasonable endeavours to accommodate any request for changes to Appointments which are received at least 72 hours prior to your Private Reading.
- If you make a request to reschedule within 72 hours of the scheduled Private Reading, we may, at our sole discretion, either reschedule or cancel the Private Reading. If we elect to cancel the Private Reading, it will be treated as a cancellation within 72 hours in accordance with our Cancellation Policy at clause 11.
13. Client acknowledgements
- You warrant that:
- there are no legal restrictions preventing you from agreeing the Terms;
- you will cooperate with us and provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Private Readings;
- the information you provide to us is true, correct and complete;
- for Virtual Readings, that you have provided us with a working phone number and/or video caller ID;
- you will not infringe any third party rights in working with us and receiving the Private Reading;
- you will inform us if you have reasonable concerns relating to the Private Reading under the Terms, with the aim that we and you will use all reasonable efforts to resolve the concerns; and
- you consent to the use of your name and Intellectual Property in relation to the Private Reading in a way which may identify you.
- In participating in a Private Reading, you acknowledge and agree that:
- the Private Reading may be an emotional and possibly confronting experience;
- the Private Reading that is given is subject to your own personal interpretation and is not to be treated as professional medical, psychological, legal and/or financial advice;
- the accuracy, completeness and/or applicability of a Private Reading is not guaranteed;
- you will cooperate throughout the Private Reading and not perform any acts or omissions which may interfere with the Private Reading; and
- you will not record, film or otherwise capture the Private Reading.
- You acknowledge and agree that your Private Reading may be recorded by us (Recording). You may, at any time, request that the Private Reading not be recorded. We may, at our sole discretion, provide you with a complimentary copy of the Recording. We are not obligated to provide you with a copy of the Recording and are not liable for any technical failure preventing a successful Recording.
- We own all intellectual property rights in any Recording. We provide you with a limited, non-transferrable, non-exclusive right and license to use the Recording for your personal use and enjoyment. For the avoidance of doubt, you may not copy, reproduce, broadcast, share, sell, publish, circulate, transmit, or duplicate the Recording.
- We provide a number of payment methods on the Platform, including our third party payment processor, currently Shopify Payments and Stripe. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.
- In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the fees.
- You may terminate these Terms by cancelling an Appointment as per the Cancellation Policy set out above at clause 11.
- You acknowledge and agree that a Private Reading may be cancelled or terminated by us, at any time, including during the Private Reading, in our sole discretion.
- If your Appointment is cancelled or terminated by us, prior to the Appointment, we may, at our sole discretion, provide you with a refund of any payments which have been made by you.
- If your Private Reading is terminated during the Appointment, we may, at our sole discretion, do either of the following:
- provide you with a refund of payments made by you;
- retain your Deposit; or
- request that you make full payment for the Fees.
- We may terminate these Terms immediately, in our sole discretion, if:
- we consider that a request for a Private Reading is inappropriate, improper or unlawful;
- if you fail to provide us with clear or timely instructions to enable us to provide the Private Reading;
- we consider that our working relationship has broken down including a loss of confidence and trust;
- for any other reason outside our control which has the effect of compromising our ability to attend or perform the Private Reading; or
- you fail to make payments of our Deposit or Fees as requested.
- On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.
- On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and Intellectual Property.
- On completion of the Appointment, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to the Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
- The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
16. Intellectual Property
Intellectual Property includes but is not limited to:
- all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), Recordings, Digital Content, patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;
- all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
- all work product developed in whole or in part by Inner Realms.
- Inner Realms owns all Intellectual Property rights in the products, Private Readings and company branding, as between us and you including any Recordings, Digital Content or any products sold under these Terms.
- All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.
- You must not, without our prior written consent:
- copy or use, in whole or in part, any of our intellectual property;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
- breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
17. Confidential information
Confidential Information includes confidential information about your Private Reading, the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".
- We, including our employees and contractors, agree not to disclose your Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.
- You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
- These obligations do not apply to Confidential Information that:
- is authorised to be disclosed;
- is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
- is received from a third party, except where there has been a breach of confidence; or
- must be disclosed by law or by a regulatory authority including under subpoena.
- The obligations under this clause will survive termination of these Terms.
18. Feedback and dispute resolution
- Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products or services, please contact any member of our staff.
- If there is a dispute between the parties in relation to these Terms, the parties agree to the following dispute resolution procedure.
- The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
- If the parties cannot agree how to resolve the dispute at the Initial Meeting, any party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The parties must attend the mediation in good faith, to seek to resolve the dispute.
- Any attempts made by the parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the parties under these Terms, by law or in equity.
19. Australian Consumer Law
- Certain legislation, including the ACL in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL or any liability under the ACL, which by law may not be limited or excluded.
- You agree that our liability for the goods and services we provide is governed solely by the ACL and these Terms.
- Subject to your Statutory Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services, are provided to you without warranties, representations and guarantees of any kind, unless expressly stipulated in this Agreement.
- Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
- Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the price of the relevant product. Please contact us for further information.
20. Disclaimers and limitation of liability
While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and Inner Realms and the directors, officers and employees of Inner Realms accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.
You acknowledge and agree that any insights or guidance provided in our products or through Private Readings is not professional advice or personal recommendations. Inner Realms provides no guaranteed results, and take no responsibility and are not liable for any decisions or actions that you take following use of any of our products or your Private Reading. Your reliance on any information provided to you through our products or Private Readings is at your own risk.
Where the delivery of products or provision of any of our services depends on your information or response, we have no liability for a failure to deliver the products or perform the services, which is affected by your delay in response, incomplete or incorrect information.
We will not accept liability for a failure to provide you with a Virtual Reading where you have provided an incomplete or incorrect phone number or video caller ID (whichever is applicable) or where we are unable to reach you due to faulty phone lines or faulty internet connections.
On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
Our total liability arising out of or in connection with the products, any of our services, or the Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and/or the Private Reading under the Terms.
This clause will survive the termination of these Terms.
- You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
- any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
- any breach of these Terms; and
- any misuse of any of our products or services from or by you, your employees, contractors or agents.
- You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products and services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
- The obligations under this clause will survive termination of these Terms.
Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance, we may terminate our agreement with you by giving you notice in writing.
Notice: Any notice given under these Terms must be in writing addressed to us or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
Relationship of parties: The Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
Photographs: If you provide us with photographs of the products including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
Assignment: You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.
Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Jurisdiction and Applicable Law: Your use of this Site and any dispute arising out of your use of it is subject to the laws of New South Wales. These Terms will be governed by the laws of New South Wales, Australia and subject to the exclusive jurisdiction of the New South Wales courts. The Site may be accessed throughout Australia and overseas. Inner Realms makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
Amendment: These Terms may be amended from time to time, without prior notice. Your purchase or engagement of our services from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms, before purchase. Our agents, employees and third parties do not have authority to change the Terms.
- Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and Inner Realms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
For questions or notices, please contact us here.
Inner Realms Pty Ltd t/a Mitchell Coombes ABN 53 632 113 841
Last update: 17 June 2021