By visiting and purchasing from WisdomStirring.com and associated sites, you are consenting to the following Purchase Agreement.
This Agreement governs the purchase and provision of Products & Services to you, and your payment for and use of those Products & Services.
Purchase agreement
This web site is owned and operated by Nikki Stokes of Wisdom Stirring and will be referred to as “we”, “our”, “us” and “Business” in this Purchase Agreement (“Agreement”).
By purchasing products and services (“Products & Services”) from Wisdom Stirring, all customers and clients, referred to as “user”, “you”, “your” and “Client” (and collectively, the “Parties”), agree to the terms of purchase for the Business,, which are set out on this page.
Purchasing or making use of any Products & Services provided by the Business shall be deemed an acceptance by you of the terms of purchase provided herein.
These terms of purchase will be reviewed periodically. We reserve the right, at our discretion, to modify or remove portions of these terms of purchase at any time.
We welcome your comments and feedback.
1. Products and services
The Business is committed to providing all clients in the Products & Services with a positive experience.
The Business agrees to provide its Products & Services and the Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Products & Services.
This Agreement is in addition to any other terms and conditions applicable to the Business and the Site. We do not make any representations about third party web sites that may be linked to the Site.
2. Disclaimer
The Client understands the Business is not an agent, lawyer, doctor, accountant, financial planner, therapist or other licensed or registered professional.
The Client understands that the information in these Products & Services is NOT medical, financial or legal advice and is not meant to take the place of the advice of licensed professionals.
Coaching or guidance, which is not directive advice, counselling, or therapy, may address overall goals, specific projects, or general conditions in the Client’s life or profession.
Coaching or guidance services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategising, asking clarifying questions, and providing models, examples, and in-the-moment skills training.
The Client understands that if they choose to make use of the information provided in the Products & Services, they assume full responsibility for any decisions, actions and outcomes that may result, and that results may vary from person to person.
3. Client responsibility; No guarantees
The Client accepts and agrees that the Client is 100% responsible for the results obtained from using the Products & Services.
The Business will provide their expertise to deliver the Products & Services to the Client; however, the success of the Client while using the Products & Services relies solely on the Client.
The Business makes no representations, warranties or guarantees verbally or in writing regarding the Client’s performance or business outcomes.
The Client understands that because of the custom nature of the Products & Services, the results experienced by each client may vary significantly.
By purchasing Products & Services, the Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that the Client will reach their goals as a result of purchasing the Products & Services and the Business’s comments about the likely outcomes are expressions of opinion only.
The Business makes no guarantee other than that the Products & Services offered shall be provided to the Client in accordance with the terms of this Agreement.
4. Provision of services
Where applicable, the Client is engaging the Business for the provision of Services (the “work”), as specified in the Client Agreement, for the agreed consideration.
Any time estimates provided by the Business to the Client are to be taken as rough estimates only, and may be varied at any time to account for requested inputs, technical issues and unforeseen details.
All work will be specified as fully and clearly as possible by both the Client and the Business prior to commencement of work. The Client agrees to give a minimum of 7 days’ notice of any work that needs to be completed by a specific date and time.
The Business will complete the work with due care and diligence, to match the requirements as closely as is practical, within technical and reasonable limits. The Business will send through the work to the Client for their use, using appropriate and available channels of communication.
The Business will not be held responsible for delays created by the Client.
5. Communication
It is the Client’s responsibility to make use of any available communication channels or benefits offered by the Business. If the Client fails to make use of the purchased Products & Services within the specified time frame, those unused communications are forfeited.
The Business will notify the Client within 48 hours if anything arises during the course of work that may affect the Business’s ability to provide the Products & Services.
The Client and the Business agree that all real-time communications will be kept between the hours of 8AM and 6PM Melbourne time.
Communication via any channel outside of these hours may lead to termination of this Agreement.
6. Appointments
Appointments, in the form of video calls, in person meetings and telephone conversations (“Appointments”), may be provided as part of the Business’s delivery of the Products & Services.
The Business requests that the Client observe the following:
- Be on time to all Appointments. If you will be late, notify the Business in advance. If you will miss an appointment, notify the Business at least 24 hours in advance.
- Be transparent and provide as much information as possible. Recognise that Appointments are scheduled to clarify goals, share progress and ensure that the Products & Services meet your business needs.
- Commit to the action plans created during Appointments, and carry out the agreed tasks in a timely fashion. If tasks cannot or will not be completed, communicate this as soon as possible to the Business.
- Communicate during Appointments, or via any other means, at any time, if the work is not unfolding as desired, and take active steps to improve clarity and bring the work closer to the desired outcome.
The Client also understands that any/all scheduled calls / appointments and/or other benefits expire at the end of the Term of these Products & Services and will not be carried over.
7. Term
Products & Services are provided either on an individual, one-by-one basis or as part of an ongoing relationship (“Term”) .
The Client understands that a relationship with the Business does not exist between the Parties after the conclusion of the Products & Services.
If the Parties desire to continue their relationship, a separate agreement will be entered into.
8. Expenses
The Business will supply at their own expense all tools required to deliver the Products & Services, as determined by the Business, and agrees to carry out all work in accordance with the applicable laws and regulations.
The Business agrees not to incur any expenses on behalf of the Client without obtaining specific approval in writing from the Client. The Client agrees to reimburse in full any approved expenses incurred by the Business in the course of the work.
9. Payment
The total price of these Products & Services is as specified at the time of purchase, based on the purchase details. The Client may pay through PayPal, Stripe or other payment systems, with a debit or credit card, or by bank transfer. Any fees incurred resulting from the use of a specific payment method are the responsibility of the Client, and will be charged to the Client accordingly.
If a payment is not provided for any reason, the Business reserves the right to revoke access to or refuse to deliver the Products & Services until payment is completed in full.
If an agreement in relation to payment by instalments is entered into by the Business and the Client, these conditions will apply to each individual payment as agreed in advance.
10. Refunds
The Client is responsible for full payment of fees for the entire Products & Services, regardless of whether the Client completes or makes full use of the Products & Services.
To further clarify, no refunds will be issued, unless explicitly and clearly included as part of the Products & Services description at the time of purchase, at the sole discretion of the Business.
11. Termination
Termination of this Agreement can be made at any time by either Party by providing 7 days notice in writing.
By agreeing to these terms, the Client agrees that the Business may, at its sole discretion, terminate this Agreement and limit, suspend or terminate the Client’s access to the Products & Services without refund or forgiveness of monthly payments if the Client violates these terms, interferes with the Business’s operations or ability to deliver the Products & Services, or becomes difficult to interact or communicate with.
All work that is in progress or completed prior to termination must be charged to the Client and all outstanding charges must be paid by the Client before this Agreement can end.
On conclusion of this Agreement, the Business will provide to the Client access to any work that is in progress or has been completed prior to the termination date, if the Products & Services are in a deliverable state, as determined by the Business in its sole discretion..
If the Client decides to terminate this Agreement, no refunds will be issued.
12. Confidentiality
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, or otherwise, throughout the Term of these Products & Services (“Confidential Information”).
Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information.
The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction.
Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.
This Agreement in no way limits the Business’s right to work for any other Client, regardless of industry, size, relationship or competitive nature.
13. Compelled disclosure of confidential information
Notwithstanding anything in the foregoing, in the event that the Client is required by law to disclose any of the Confidential Information, the Client will:
(i) provide the Business with prompt notice of such requirement prior to the disclosure, and
(ii) give the Business all available information and assistance to enable the Business to take the measures appropriate to protect the Confidential Information from disclosure.
14. Intellectual property and copyright
Material given to the Client in the course of the Client’s relationship with the Business is proprietary, copyrighted and developed specifically by the Business for the Client.
The Client agrees that such proprietary material is solely for the Client’s own use. Any disclosure to a third party is strictly prohibited.
The Business’s products, services and processes are copyrighted and the original materials that have been provided to the Client are for the Client’s use only.
The Client acknowledges that they are not authorised to use any of the Provider’s intellectual property for the Client’s business purposes.
Further, by purchasing Products & Services from the Business, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this section, the Business will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
15. Ownership and rights
All intellectual property, including the Business’s copyrighted products, services, materials and processes, shall remain the sole property of the Business.
No license to sell or distribute the Business’s properties is granted or implied. Access to and use of the Products & Services provided by the Business is granted to the Client as a non-exclusive, perpetual license.
16. Non-disparagement
The Client shall not make any false, disparaging, or derogatory statement in public or private regarding the Business, its employees, or agents.
The Business shall not make any false, disparaging, or derogatory statements in public or private regarding the Client and their relationship with the Business.
17. Indemnification
The Client agrees to indemnify and hold harmless the Business, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgements, including legal fees and costs, arising out of, or relating to, the Client’s participation or action(s) under this Agreement.
The Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgements arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by the Business, in writing.
18. Dispute resolution
In the event of a dispute over delivery of work, payment or other terms of this Agreement, the Client and the Business agree to work together to resolve the dispute as quickly as possible.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the ACICA.
The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Melbourne, Victoria.
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 legal 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.
19. Governing law
This Agreement shall be governed by and construed in accordance with the laws of the state of Victoria, Australia, regardless of the conflict of laws principles thereof.
20. Entire agreement; Amendment; Headings
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof.
Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement.
No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties.
The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
21. Counterparts
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
22. Severability
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
23. Waiver
The waiver or failure of the Business to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
24. Assignment
This Agreement may not be assigned by either Party without express written consent of the other Party.
25. Force majeure
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, government travel advisory, labour strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
26. Updates
You acknowledge and agree that you have reviewed this Agreement and that you will continue to review it to be aware of any modifications.
We reserve the right to change this Agreement or to impose new conditions on use of the Products & Services, from time to time, in which case we will post the revised Agreement on this Site.
By continuing to use the Products & Services after we post any such changes means you accept the new Agreement with the modifications.
Effective date: May 1, 2023
Last reviewed: March 25, 2025