ALCHEMY SERVICE AGREEMENT

By clicking “Buy Now,” “Purchase,” "Complete My Purchase" or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Healthy Peach PTY LTD (“Company”) and Chani Thompson (“Coach”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

1. TERMS.

1. Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the ALCHEMY (“Program/Course”).
2. The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s Website.
3. The Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
4. Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met.   
5. Coach reserves the right to remove Client from Program at any time for any reason.
6. The Program includes the following:

• 12 x modules to dive into.
• 1 x weekly hot seat coaching group call except for integration weeks
• 1 x 1:1 session with Chani at the end of the program
• 1 x 1:1 session with Chani each month if you have opted in for The VIP package
• 1 x 1:1 session with The Alchemy in-house astrologist is included during the duration of the program for first-time members only. This is a one-time call provided during the first round of participation and does not apply to returning members who rejoin Alchemy in subsequent rounds.
• Lifetime access to the contents inside the portal for the lifetime of the program

2. PAYMENT AND REFUND POLICY.

Upon execution of this Agreement, Client agrees to pay to the Coach the full purchase amount of $4,224 AUD / 3 x payments of $1,499 AUD for The Standard Experience or $6,474 AUD / 3 x payments of $2,249 AUD for The VIP Experience. If a custom payment plan has been agreed upon, Client agrees to adhere to the terms of that plan, and regardless of the payment schedule, Client agrees to pay the full amount in accordance with the agreed-upon terms.

In signing up for this Program, please note that we do not give refunds if you change your mind or are unable to participate in the Program for any reason.

Credit Card Authorisation (if applicable for payment plan). Each Party hereto acknowledges that the Coach will charge the credit card chosen by the Client.

3. PAYMENT POLICY AND FAILED PAYMENT CLAUSE.

Payment Schedule:

• All payments for the Alchemy Mastermind program are due on the same day the initial purchase was made each month, in accordance with the agreed payment plan (e.g., 3 or 6-month plan). Payments can be made via the method provided at the time of enrolment.

Failed Payments:

• In the event that a scheduled payment fails, the Client will be notified via email and will be required to resolve the payment within seven (7) days of the missed due date.

Consequences of Non-Payment:

• If payment is not received within the seven (7) day grace period:

• The Client's access to all program resources, including course materials, portal access, and any scheduled 1:1 sessions, may be suspended until payment is made.
• Continued failure to pay may result in permanent removal from the program, without any refund for prior payments.

Extended Payment Plans:

• The Coach may offer an extended payment plan at their discretion if the Client is unable to make timely payments. Any such arrangement must be agreed upon in writing.

4. ROLLOVER MEMBERSHIP POLICY

 For members who choose to continue their membership and roll over into a new round of Alchemy, the following applies:

• A 1 x 1:1 session with The Alchemy in-house astrologist is included during the duration of the program for first-time members only. This is a one-time call provided during the first round of participation and does not apply to returning members who rejoin Alchemy in subsequent rounds.
• Returning members will continue to have access to all the core elements of the program, including the group calls, portal access, and 1:1 sessions with Chani (for VIP members), but the astrologist session will not be repeated.

 5. INTELLECTUAL PROPERTY RIGHTS. 

In respect of the content & documents specifically created for the Client as part of this Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided by the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. The Coach reserves the right to immediately remove the Client from the Program, without refund, if you are caught violating this intellectual property policy.

6. RECORDING AND REDISTRIBUTION OF CALLS. 

Client acknowledges that Coaching sessions may not be redistributed and/or resold.

7. PRIVACY AND DATA PROTECTION. 

Chani Thompson is committed to protecting your privacy and ensuring the confidentiality of your personal information. All data provided by the Client will be used in accordance with the Company's Privacy Policy, which complies with applicable laws and regulations regarding data protection. The Client agrees to the collection, use, and processing of personal information in accordance with the Privacy Policy. 

8. NON-DISPARAGEMENT. 

The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalise or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be affiliates, subsidiaries, employees, agents or representatives.

9. FORCE MAJEURE. 

Neither party shall be liable for any failure or delay in performing their obligations under this Agreement if such failure or delay is due to circumstances beyond their reasonable control, including but not limited to acts of God, war, strikes, pandemics, or governmental restrictions.

10. GOOD FAITH. 

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

11. DISCLAIMER OF WARRANTIES.

The information, education, and Coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

12. LIMITATION OF LIABILITY. 

By using the ALCHEMY services and purchasing this Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Program is at the user's own risk. Client agrees that Coach cannot guarantee results or transformation in your business or life and take no responsibility for the Client’s failure to use or implement the Program.

13. DISPUTE RESOLUTION.

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the Australian Centre for International Commercial Arbitration (ACICA). The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in QLD, Australia or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgement of law or decree in equity, as circumstances may indicate.

14. GOVERNING LAW. 

This Agreement shall be governed by and construed in accordance with the laws of the State of Western Australia, within Australia, regardless of the conflict of laws principles thereof.

15. ENTIRE AGREEMENT. 

This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.