By clicking that you understand and agree to these Terms of Service, you are agreeing to be bound by these Terms of Service; if you do not agree, you cannot purchase our Program. We may change these Terms at any time, and by continuing to use or access our website and services, you are accepting those changes.
ADDITIONAL TERMS OF SERVICE FOR CLIENTS OF OUR PROGRAMS
These Additional Terms of Service for Clients (“Terms”) apply to all clients, or all potential clients of Recreate Counselling [ABN 53727026892 ] (“we, us, our”). These Terms together with any other terms and conditions and policies including our Privacy Policy we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any client of ours.
OUR BREAK THE CYCLE OF TOXIC RELATIONSHIPS PROGRAM
Our Break the Cycle of Toxic Relationships Program is a 9 week program. You will receive weekly training modules, and group coaching, individual email support, and 3 individual coaching sessions. 24 hours prior written notice must be provided for any rescheduling or cancellations.
BEFORE PURCHASE
1. Things you must do before purchasing our Program
You must:
· be 18 years old or have parental consent;
· provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information;
· pay for the Program via the published payment methods available in one payment in advance, or two monthly payments; where payments are made in instalments, you authorised us to deduct all accrued and outstanding fees from your credit card or debit card provided;
· make payment prior to commencement of the Program as your place cannot be reserved or confirmed until payment is received.
You represent and warrant that if you have seen a medical practitioner, psychiatrist, or psychologist within the last 12 months, and/or if you have been prescribed medication you have a letter of referral and letter of consent from your general practitioner to participate in the Program.
2. Acknowledgements you make when purchasing on our website
You acknowledge and agree that there may be:
· errors or omissions in Program descriptions, prices, availability and promotions;
· limited number of participants allowed or limitations to certain regions or groups of people;
· technical problems downloading Materials, and there are inherent risks associated with downloading digital products.
Except as required by law, we cannot guarantee the accuracy of the information on our website or availability of our Program. We also cannot guarantee the results of the Program as they are dependent on your actions and implementation.
DURING THE PROGRAM
3. Acknowledgements you make in relation to Privacy and Confidentiality
During the Program you should maintain the confidentiality of your login and password for your online Program account, and not allow other people to use your account.
All Materials we provide to you are for your personal use only and you must not reproduce, duplicate, copy, sell, re-sell or exploit the or Materials in any way.
Our Program includes group coaching sessions where you may share sensitive, personal, and private information (“Confidential Information”) , or where others may share similar information that may, at times be distressing.
You acknowledge and agree to:
· keep all information confidential, and not to disclose any information outside the group;
· be respectful of all participants at all times; and
· not to directly contact other participants unless you have their express consent.
You must not record any sessions or meetings, including any group coaching sessions or any personal coaching sessions without our prior explicit consent. Any further interactions with other participants are conducted at your sole risk.
We will not disclose any Confidential Information, except where it is required by law. For more information on the circumstances where we disclose personal information, please see our Privacy Policy at https://recreatecounselling.com.au/privacy-policy.
Unfortunately, whilst we encourage confidential communications, we cannot guarantee that online delivery of our Program and any Materials will be secure, and we cannot guarantee your privacy or confidentiality when accessing any online video conferencing or other meeting platforms.
4. Acknowledgement you make of emergencies and crisis situations
You acknowledge and agree that we are not crisis counsellors, and are not readily available for these situations. If you are experiencing a personal or mental health crisis you must contact Australia: Lifeline - 131114 or Suicide Call Back Service - 1300 659 467 and for other countries the relevant Mental Health Service for your region.
In some circumstances we may need to suspend or even terminate a group session where a participant is experiencing a crisis. Where we see any risk to a participant’s safety we will immediately terminate the session. Where possible, we will reschedule the groups session to the following day at the same time , and if this is not possible you will be advised of an alternative session date and time. In the event that you experience a personal crisis during the duration of the Program or during a session, we will refer you to appropriate service and you agree to seek assistance immediately. e.g. with your GP, Psychologist Lifeline, Beyond Blue, other Helpline Service.
5. Your commitment to the Program
You must:
· have adequate technology set up including internet access to participate;
· attend all scheduled Q&A and coaching sessions;
· participate fully and to the best of your ability in tasks and activities;
· respect the other participants in the Program and not be disruptive in any way;
· communicate honestly and be open to feedback;
· do any actions and activities that are determined in the Program;
· complete all training modules and Program work to the best of your ability.
You acknowledge and agree that you are solely responsible for your own success and outcomes during the Program.
6. Acknowledgement you make of changes
On occasion where there are unforeseen circumstances, the group coaching sessions may need to be rescheduled. In these circumstances every effort will be made to accommodate you.
7. We want you to engage in the community, but please follow our rules
We encourage you to engage with us and other participants during the Healthy Relationship Program, however, you must comply with our rules at all times. You must respect the other participants and not be disruptive in any way. You must not directly contact other participants unless you have their express consent. Any further interactions with other participants are conducted at your sole risk.
You must not post any of the following, which is determined at our discretion:
You are responsible for all your posts and their accuracy, completeness and timeliness. We are not responsible for any of your posts or any third party posts. Where posts do not comply with our rules, or are otherwise objectionable we may, but do not have an obligation to, edit or remove the content.
8. Things you must do after purchasing on our website
You must seek our prior written consent before any publication of information about us; and in the case of a dispute keep all communications confidential.
AFTER YOUR PARTICIPATION IN OUR ONLINE PROGRAM
9. Things we’d love you to do after participating
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels. We may also use any testimonials you provide through social media accounts or online forums, or during the Program.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at tanyaellsworth@recreatecounselling.com.au
OTHER MATTERS YOU SHOULD BE AWARE OF
10. We may change information on our website and store
Except as required by law, we may at any time, and without prior notice to you:
· change and update information including availability and promotion of our Program;
· change prices or descriptions of our Program; or
· discontinue our Program.
11. We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Program is delivered with due care and skill.
Except as required by law we do not warrant the quality of the Program or warrant that it will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Program is where you fail to provide us with adequate information, or where you can no longer partake in an Program.
12. If we need to cancel your order we will provide a refund
Except as required by law, all sales for our Program are non-transferable and non-refundable. Despite our reasonable endeavours, on occasion we may need to change, times or dates of an Program at short notice or even cancel parts or all of an Program. We will notify you as soon as possible of any changes. We do not provide refunds except as required under the Australian Consumer Law.
13. We can refuse to serve you and sell our Program at any time
We may refuse to provide our Program to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, ban your purchase of any Program, or terminate your access to our Program. We can also change, suspend or stop providing our Program at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Program.
INTELLECTUAL PROPERTY
All the Intellectual Property Rights in our Materials and Program are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence for to use our Materials and Program for your personal use only. This licence to use our Materials in relation to the Program is for the duration of the Program only. In particular, you must not use our Materials and Program for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at tanyaellsworth@recreatecounselling.com.au to seek consent.
RELIANCE ON ADVICE DISCLAIMER
Whilst we take care to ensure that we provide the best advice possible, our Program is not a substitute for professional medical advice or mental health advice. We are not medical doctors, psychiatrists or psychologists.
Indeed, our Program, and the sessions provided are not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by medical or other qualified professionals. It is your sole responsibility to seek such independent professional advice if required.
Our Program is also not a substitute for business or financial advice. We are not your financial advisors or accountant. Any reliance on any business or financial information we may provide is at your sole risk. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on any financial information. For example, do not use any financial information to make an investment.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Program purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Program, your reliance on any of our advice and information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, your misuse of any Program.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
· the replacement of the Program or services or the supply of equivalent Program or services; or
· the payment of the cost of replacing the Program or services of acquiring equivalent Program and/or services.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Program you have paid for.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, any third party claims including but not limited to any further interactions with any other participants.
IF THERE IS A DISPUTE
If at any time our Program is not reasonably acceptable to you or we disagree you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns. If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms and other terms and conditions on our website, these Terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
DEFINITIONS
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these Terms, and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Materials means any of our online program and Program materials, videos, webinars, audio/ visual presentations, worksheets, documents, copy, diagrams, photographs and anything provided to you during the Program.
Program means our 9 week Program, Break the Cycle of Toxic Relationships Once and For All, Developing Stunning Self Love, Healthy Boundaries and Happy Relationships and includes all Materials.
Our Representatives means any of our employees, agents, contractors or subcontractors.
We, us, or our means Recreate Counselling [ABN 53727026892 ] and includes any of our employees, agents, partners, contractors.
Website and services means www.recreatecounselling.com.au, and everything available on this website including, but not limited to, all Programs.
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