WEBSITE TERMS & CONDITIONS

SETTLED SLEEP CO

Effective Date: 29th April 2023

Welcome to settledsleepco.com.au (Site).

This Site is owned and operated by Settled Sleep Co PTY LTD 97945800589 trading as Settled Sleep Co (referred to in these terms as “Settled Sleep Co”, “we”, “us”, and “our”). Please take the time to read the terms of use that apply to your use and enjoyment of our Site and the content made available to you via our Site and our social media channels (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of the Site (“user”, “you” and “your”).

CONSENT TO SITE TERMS

By accessing and using our Site, our social media channels and any other materials made available to you or provided to you on our Site (whether available for purchase or not), you are taken to accept our Terms.

NO MINORS

By using the Site or accessing or purchasing any products or services, you warrant that you:

are over 18 years of age and have the legal capacity to enter into a legally binding contract;

have read and accepted these Terms; and

will comply with these Terms.

CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on our Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site, products, services and content. If at any time you choose not to accept these Terms, you should not use our Site.

Your continued use of our Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before proceeding with any purchase or booking.

INTELLECTUAL PROPERTY

Our Site, products and services contain intellectual property owned by us and/or by third parties that license the content to us (“Third-Party Licensed Intellectual Property”). This includes, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as business names, logos, images. designs, text, videos, audio files, graphics, other files, and software (“Content”). Your access to and use of our Site, products (including digital products), services and Content does not grant or transfer any rights, title or interest to you in relation to any of the above.

No Commercial Use

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, products, services, Content, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products, services, and Content, without refund, if you are found to be violating these Terms.

Limited Licence

Where you download or purchase our Digital Products (including checklists, guides, ebooks, workbooks, video or audio content), you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these digital products to any other person without our express written consent. We reserve the right to refuse to provide any products and/or services to you at any time for any reason.

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our products (including Digital Products) in any manner whatsoever except as authorised by us.

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those websites. It’s up to you to decide if those websites and their content are suitable and appropriate for you.

PRIVACY

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using our Site, you consent to the usage of your information as described in the Privacy Policy and warrant that all data provided by you is accurate.

DIGITAL PRODUCTS

Where you download or purchase our Digital Products, you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without our express written consent. We reserve the right to refuse to provide the products to you at any time for any reason.

After payment for your Digital Product has been confirmed, you will have the option to download it and all responsibility for maintaining the downloaded copy is transferred to you. We will not be responsible for any issues with the Digital Product after it has been downloaded.

Except as otherwise expressly stated, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.

REFUNDS FOR DIGITAL PRODUCTS

Due to the nature of Digital Products, any orders received and processed have a strict no refund policy. Where the incorrect Digital Product is sent to you, or where the link provided to download the Digital Product is not working, we will send the correct Digital Product or a revised download link at no extra cost.

PRICES AND PAYMENT

All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to you. Purchases will be charged at the price in force at the time your order is validated.

We reserve the right at any time to modify or discontinue the product or service without notice at any time. We shall not be liable to you, or to a third party, for any modification, price change, suspension or discontinuance of the product or service.

We may from time to time provide discounted products and/or services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.

We offer the option to pay for our products and/or services by credit card or such other method of payment as indicated on our Site. You acknowledge and agree to make timely and full payments to us for the products and/or services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, you will remain fully responsible for the full cost of the service and all payments in any payment plan you have chosen.

We do not store any of your payment information. We use the services of Stripe and PayPal. Payments using a third-party payment processor and are subject to the payment processor’s terms and conditions.

All payments must be made via one of the payment methods set out on our Website, including our payment processors.

You authorise us and/or our payment processors to debit your payment method when you order a Consultation and/or any associated Services or products.

It is your responsibility to check the Services you have chosen, including pricing, description, inclusions and other details before you submit your order through the Website.

To the extent permitted by law, excepting the “Refunds” clause of these Terms and Conditions, once paid, fees are non-refundable.

You acknowledge and agree that you must have sufficient funds in your selected payment account in order to pay the fees and any other amounts due and payable. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.

You must not pay, or attempt to pay, any fees by fraudulent or unlawful means.

CANCELLATIONS

We reserve the right to postpone or cancel the Services, or reschedule them at a mutually convenient time, for any reason. If the Services have been cancelled by us and not rescheduled, we will refund the fees paid for the cancelled portion of the Services.

Should you need to cancel any part of our services for any reason, or you wish to reschedule the services, but we are unavailable on the new date, you acknowledge that you will be liable for an additional fee.

When you cancel the Services, you must notify us via our nominated email address 48 hours prior to Your scheduled appointment. If at least 48 hours written notice is not provided, you will not be entitled to a refund and may incur a cancellation fee. You may also be unable to reschedule the Services.

If you have cancelled the Services and provided the requisite notice, you can either suspend the Services for a maximum of 2 months; or obtain a refund on the Services that are yet to be used, which may incur a Cancellation Fee.

You acknowledge that we are not responsible for any breach of a third-party contract or any supplier contract to the services, including to the extent that this means the services may not proceed.

Where a Force Majeure event necessitates that any part of our services be cancelled or postponed, you acknowledge that we will not be responsible for any loss or damage incurred as a result.

RECEIVING SLEEP SUPPORT

By accepting your personalised sleep plan you hereby consent to its terms and conditions of use and agree to the following:

You will follow safe sleep practices in line with the AAP safe sleep guidelines and recommendations, Red Nose Australia, and WHO (World Health Organisation) and shall notify us and disclose any unsafe sleep practices. You understand that we are not responsible or liable for the safety of your baby.

You agree to disclose any medical condition that your child has to your Settled Sleep Co Sleep Consultant and seek medical clearance from your child’s healthcare provider upon our request following our assessment of information provided by you.

All information provided to us shall be true, current and to the best of your knowledge at the time of providing it.

You agree that consultations including tailored advice and sleep plans are solely for your personal situation and are not to be shared with a third party. Any person found to be sharing sleep plans and guides will be liable for the cost of the shared information.

You acknowledge and agree that any changes you make to your child’s feeding and sleeping activities are at your own discretion and whilst we are making recommendations, you are responsible for choosing to implement recommended changes.

You will notify us immediately via our nominated email address of karina@settledsleepco.com.au should you be unable to keep your commitment of a scheduled phone call with us and agree that in rescheduling it will be dependent on our availability, however we shall strive to achieve a mutually convenient time.

You agree to keep and provide a comprehensive sleep and feed log where requested in order to enable us to continue to support you.

If your child falls ill within the period of your sleep support having commenced, you are responsible for notifying Settled Sleep Co and the support package can be placed on hold for a maximum period of 4 weeks. Medical clearance may be requested by Settled Sleep Co in order to resume your sleep support.

At all times are you responsible for your own physical and mental health and well-being and that of any minor for whom you act as a legal guardian.

SETTLED SLEEP SUPPORT PACKAGE

1. Service Overview:

The Settled Sleep Support Package offered by Settled Sleep Co provides comprehensive guidance and assistance to parents seeking to establish healthy sleep habits for their babies. This package includes a personalised sleep plan, ongoing support, and access to valuable resources to promote longer sleep stretches and optimal sleep routines.

2. Included Services:

2.1. Clients will receive an in-depth sleep questionnaire to assess their baby's sleep needs and preferences.

2.2. A customised holistic sleep plan tailored to the individual requirements of the baby will be provided, addressing specific sleep challenges and promoting longer sleep stretches.

2.3. A night plan aimed at establishing gentle sleep foundations and healthy sleep habits will be provided to encourage uninterrupted sleep consolidation.

2.4. Guidance on creating the perfect sleep environment will be offered to optimise sleep conditions for the baby.

2.5. Emphasis will be placed on developing positive sleep associations and effective wind-down routines to facilitate bedtime transitions.

2.6. Nutritional and feeding advice for optimal sleep support will be provided to ensure the baby's dietary needs are met for healthy sleep.

2.7. Clients will receive guidance on age-appropriate awake windows and contingency plans for managing short naps.

2.8. Sleep routines suitable for the baby's development up to 4 years old will be provided to establish long-term sleep habits.

3. Support & Follow-Up:

3.1. Clients will receive two weeks of dedicated support and guidance via daily email support (Monday to Friday), allowing for ongoing assistance with implementing the sleep plan.

3.2. Two fifteen-minute phone check-ins will be scheduled weekly to address any questions or concerns and provide additional support.

3.3. Clients will receive their own copy of Settled Sleep Co’s All Ages Sleep Routine Guide to further support their sleep journey.

3.4. Access to the Gentle Baby Sleep Support: Settled Sleep Co Facebook Group will be granted, offering additional community support and resources.

3.5. Maintenance and provision of a 14-day sleep log before scheduled calls will be required to track progress and inform adjustments.

3.6. Daily review of the sleep log (Monday to Friday) by Settled Sleep Co will be conducted to provide targeted support and guidance.

4. Client Responsibilities:

4.1. Clients are responsible for actively participating in the implementation of the sleep plan and adhering to the guidance provided by Settled Sleep Co.

4.2. Clients are encouraged to maintain an updated sleep log to track their baby's sleep patterns and progress accurately.

4.3. Clients are responsible for utilising the provided resources effectively to maximise the benefits of the Settled Sleep Support Package.

5. Payment & Refunds:

5.1. Payment for the Settled Sleep Support Package is due upon enrolment.

5.2. Refunds are subject to the Company's refund policy, as outlined in the enrolment agreement.

6. Confidentiality:

6.1. All client information shared during the consultation and support process will be kept strictly confidential by Settled Sleep Co.

7. Amendment & Termination:

7.1. Settled Sleep Co reserves the right to amend the terms and conditions of the Settled Sleep Support Package at any time.

7.2. Clients may terminate the package at any time, subject to the Company's cancellation policy.

8. Governing Law:

8.1. These terms and conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia..

9. Contact Information:

9.1. For inquiries or assistance, clients may contact Settled Sleep Co at karina@settledsleepco.com.au

10. Acceptance of Terms

By completing your purchase of the Settled Sleep Support Package, you acknowledge that you have read, understood, and agree to these Terms and Conditions. Your acceptance is confirmed when you check the box indicating your agreement during the checkout process.

11. Achievement of Sleep Goals:

11.1. While Settled Sleep Co is committed to providing professional guidance and support through the Settled Sleep Support Package, individual results may vary depending on a range of factors, including but not limited to, the baby’s temperament, health, environment, consistency of implementation, and family dynamics.

11.2. Settled Sleep Co makes no guarantees regarding specific outcomes, such as achieving uninterrupted sleep or reaching particular milestones within a set timeframe, as each baby’s sleep journey is unique.

11.3. Clients are responsible for diligently following the tailored sleep plan and recommendations provided. Success is dependent on consistent and appropriate application of the strategies outlined within the plan.

11.4. If the agreed-upon sleep goals are not achieved during the duration of the package, Settled Sleep Co will continue to offer support within the scope of the package but will not be liable for a failure to meet specific sleep outcomes.

11.5. Clients are encouraged to reach out for additional support or follow-up consultations if needed, at an additional cost, as outlined in the separate consultation agreement.

11.6. Settled Sleep Co will work with clients to adjust the sleep plan as necessary, but any further adjustments or long-term support beyond the package duration will be subject to an additional fee.

EMAIL SUPPORT PACKAGE

1. Service Overview:

The Email Support Package offered by Settled Sleep Co provides comprehensive assistance to parents seeking to improve their baby's sleep patterns through electronic communication. This package includes personalised sleep plans, follow-up support, and access to educational resources.

2. Included Services:

2.1. Clients will receive their Client Intake form upon booking the Email Support Package.

2.2. A customised holistic sleep plan tailored to the individual requirements of the baby will be provided electronically within 48 hours of receiving the completed Client Intake form.

2.3. One-Week Email Support: Clients will receive one email response per day (Monday to Friday) to address any questions and troubleshoot issues. This support is available for one week following receipt of the sleep plan.

2.4. Clients will have access to the Gentle Baby Sleep Support: Settled Sleep Co Facebook Group for additional guidance and community support.

2.5. Clients will receive a copy of Settled Sleep Co’s Sleep Routine Guide to further support their journey towards improved sleep.

3. Support & Follow-Up:

3.1. Ongoing support will be provided through email correspondence, with one email response per day (Monday to Friday) available during the one-week support period.

3.2. Response Times: Emails will be responded to within 24 hours of receipt.

3.3. Access Period: Access to email support will cease one week from receiving the sleep plan.

4. Client Responsibilities:

4.1. Active participation in the implementation of the sleep plan and adherence to the guidance provided by Settled Sleep Co are expected.

4.2. Clients are encouraged to utilise the provided resources effectively to maximise the benefits of the Email Support Package.

5. Payment & Refunds:

5.1. Payment for the Email Support Package is due upon booking.

5.2. Refunds are subject to the Company's refund policy, as outlined in the enrolment agreement.

6. Confidentiality:

6.1. All client information shared via email correspondence will be kept strictly confidential by Settled Sleep Co.

7. Amendment & Termination:

7.1. Settled Sleep Co reserves the right to amend the terms and conditions of the Email Support Package at any time.

7.2. Clients may terminate the package at any time, subject to the Company's cancellation policy.

8. Governing Law:

8.1. These terms and conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia.

9. Contact Information:

9.1. For inquiries or assistance, clients may contact Settled Sleep Co at karina@settledsleepco.com.au

10. Acceptance of Terms

By completing your purchase of the Email Sleep Support Package, you acknowledge that you have read, understood, and agree to these Terms and Conditions. Your acceptance is confirmed when you check the box indicating your agreement during the checkout process.

11. Achievement of Sleep Goals:

11.1. While Settled Sleep Co is committed to providing professional guidance and support through the Email Support Package, individual results may vary based on various factors, including but not limited to the baby’s temperament, health, environment, consistency of implementation, and family dynamics.

11.2. Settled Sleep Co makes no guarantees regarding specific outcomes, such as achieving uninterrupted sleep or meeting particular milestones within a set timeframe, as each baby’s sleep journey is unique.

11.3. Clients are responsible for diligently following the tailored guidance provided through email support and implementing the strategies recommended. Success is dependent on consistent and appropriate application of the advice provided.

11.4. If the agreed-upon sleep goals are not achieved during the duration of the Email Support Package, Settled Sleep Co will continue to offer support within the scope of the package, but will not be liable for a failure to meet specific sleep outcomes.

11.5. Clients are encouraged to reach out for further support or follow-up consultations if needed, at an additional cost, as outlined in the separate consultation agreement.

11.6. Settled Sleep Co will work with clients to adjust the sleep plan as necessary, but any further adjustments or long-term support beyond the scope of the Email Support Package will be subject to additional fees.

FROM CONTACT TO THE COT ONLINE COURSE

We offer a course called 'From Contact to the Cot,' hosted on our website settledsleepco.com.au. By accessing this course, you agree to be bound by the terms and conditions outlined on our website. Please note that while we provide educational material and guidance in this course, we cannot guarantee the success of the outcomes. This course is designed as a do-it-yourself program, and the techniques taught are to be implemented by participants at their discretion. We do not have direct supervision over the techniques used, nor do we have access to participants' individual circumstances or background information, including the readiness of the baby for sleep training.

Parents are responsible for the safety of their child at all times. Settled Sleep Co does not assume responsibility for the safety or well-being of participants' children. It is the parent's responsibility to ensure that all techniques and practices taught in the course are applied safely and appropriately.

Due to the nature of digital products, refunds for the 'From Contact to the Cot' course will not be provided. Once access to the course material is granted, all sales are final. We encourage users to review the course description and any available previews before making a purchase decision. By enrolling in the course, you acknowledge and agree to this no-refund policy.

REFUNDS FOR SLEEP SUPPORT SERVICES

By purchasing a Settled Sleep Co sleep support package, you agree to the following terms:

1. No Refunds After Service Commencement
Once your sleep plan has been created and sent to you, no refunds will be provided under any circumstances. This applies to both the Settled Sleep Support Package and the Email Sleep Support Package.

2. Cancellations Within 24 Hours of Purchase
If you choose to cancel your purchase within 24 hours of the purchase date, you are entitled to a 50% refund of the package price, less any transaction fees.

3. Cancellations Between 24 and 48 Hours of Purchase
If you choose to cancel your purchase after 24 hours but within 48 hours of the purchase date, you are entitled to a 25% refund of the package price, less any transaction fees.

4. Non-Refundable Due to Inconsistent Implementation
By purchasing this service, you acknowledge that 100% consistency in following the provided sleep plan and advice is essential for achieving the desired results. No refunds will be issued, including in cases where:

• The sleep plan is not followed as instructed.
• Required sleep logs are not submitted, or you fail to engage in the recommended routines.
• You choose not to follow through with the sleep strategies or advice provided.
• The results are not as expected due to non-adherence to the plan.
• You experience frustration or dissatisfaction despite not following the plan consistently.

Regardless of any circumstances, please note that no refunds will be offered once the service has commenced.

5. Required Sleep Logs & Consistency
It is your responsibility to submit required sleep logs to your consultant as outlined in your plan. Failure to submit logs or implement the plan consistently may result in less effective results, and no refund will be issued if you do not adhere to the required guidelines.

6. Payment Plan Terms
If you have chosen to pay through a payment plan and wish to terminate the service early, we reserve the right to immediately collect all outstanding amounts of the purchase price without notice by charging your method of payment, and your access to the services will be revoked.

7. Credit in Lieu of Refund
Refunds in lieu of money (such as credit for other services) may be offered to you at our sole discretion.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our Site, including but not limited to any consent you provide to receive communications from us. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, using an electronic device such as your mobile phone, tablet, desktop, laptop or any other device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

INFORMATION AND ADVICE

Our Site contains content, including digital products, blog articles, and other information, that is of a general informational nature only. This information is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our Site or through our products and/or services.

We do not accept responsibility for determining whether our products and/or services are appropriate for you. We reserve the right to deny service and refund the cost of that product and/or service for any reason, including where we believe that the product and/or service would be dangerous or not appropriate for you, or we believe that further professional advice should be sought.

Any reference to other products or services, programs, processes or other information appearing on our Site does not constitute or imply our endorsement, sponsorship or recommendation in any way.

SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA

We always appreciate interaction on our social media channels and feedback about our Site, products and services, as it helps us to improve our Site and our products and services. Through the use of our Site, you may be invited to submit a review, and you can also comment on our blog or other parts of our Site or interact with us via our social media channels.

Where you do decide to submit such feedback or comments, you:

warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (or have the right to use that content with appropriate consents and permissions);

give us permission to post or otherwise use that feedback on our social media or other channels;

waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth) in the content you provide us with;

warrant that any content provided does not violate these Terms; and

warrant that you are at least 18 years old.

We reserve the right to remove a review or comment if such review or comment contains:

libellous or otherwise unlawful, abusive, offensive or obscene material;

personal attacks on our employees or another contributor;

material that discloses your personal information; or

Information that is unrelated to the post or content that you have reviewed or commented on.

Our Site and social media channels may feature user reviews of our products and/or services. These reviews in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any users.

COMPETITIONS

We may from time to time run competitions through our Site and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition.

TESTIMONIALS

On our Site and online course pages, we present real-life examples and insights into other customers’ and/or clients’ experiences with our products and/or services for illustration purposes only. Any results presented demonstrate what is possible but are not intended to guarantee that any current or future users of our products and/or services will achieve the same or similar results.

Where you have provided testimonials in any format, including through our Site, email communications, Instagram, Facebook Messenger, or our online course site, you acknowledge that we may use these testimonials, along with reference to you, on our Site, social media channels, online course pages, or any other avenue, for promotional and other purposes at our discretion. We will ensure that no confidential or personal information is included in such use.

You agree to any feedback you provide to Settled Sleep Co, given in any format online or offline, to be used for testimonials and other promotional purposes as described above. If you wish to withdraw your consent for the use of your feedback or testimonials, please contact us directly, and we will address your request promptly.

PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances, use the Site or its content:

for any unlawful purpose;

to solicit others to perform or participate in any unlawful acts;

to violate any international, federal, or state regulations, rules, laws, or local ordinances;

to attempt to change, remove, deface, hack or otherwise interfere with our Site or any material or content displayed on the Site;

to hack into any aspect of the Site, corrupt data, or cause annoyance to other users;

to infringe upon any other person’s proprietary rights;

to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

to attempt to affect the performance or functionality of any computer facilities of or accessed through our Site.

WARRANTIES AND DISCLAIMERS

This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or our products or services including that:

they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;

access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or

there is no possibility of failure to store communications or other data.

RELEASE AND WAIVER

You agree that when you purchase a service or product, you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Settled Sleep Co’s relationship with you, its educational materials and interactions with you. As such, you agree that we are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any products or services it provides.

You understand that the products and services are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the products and services are not to be used as a substitute for counselling or mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.

You agree to release and discharge us from and against all claims arising out of or in connection with provision of the products and services. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received training or a product or service from us.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of our Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

ADDITIONAL TERMS

Where you elect to enter into a one-on-one arrangement with us, we will issue you with a Services Agreement (Additional Terms) that incorporates terms and conditions separate to these Terms. These Additional Terms will form the basis of your arrangement with us and will operate in conjunction with these Terms. To the extent that the Terms are inconsistent with the Additional Terms, the Additional Terms will prevail.

BREACH AND TERMINATION

The agreement constituted between us by your use of the Site may be terminated:

where you breach any provision of these Terms; or

at any time by us, without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these Terms will remain in full force and effect.

CEASING OUR WEBSITE

We have the right to discontinue our Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent to you. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy, Additional Terms and disclaimers) constitute the entire understanding and agreement between us and you in relation to your use of our Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to our Site and your use of our Site.

GOVERNING LAW AND JURISDICTION

All Terms shall be construed in accordance with and governed in all respects by the laws of NSW, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of NSW, Australia.