By clicking that you understand and agree to these Terms, you are agreeing to be bound by these Terms; if you do not agree, you cannot become a subscriber. We may change these terms and conditions at any time, and by continuing to use or access our website and services, you are accepting those changes.
ADDITIONAL TERMS FOR SUBSCRIBERS
These Additional Terms (“Terms”) apply to all subscribers, or all potential subscribers to the Healthy Relationship Program of Recreate Counselling [ABN 53727026892] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any subscriber.
HEALTHY RELATIONSHIP PROGRAM WE WILL PROVIDE
When you purchase a subscription to the Healthy Relationship Program you receive ongoing access to the Break the Cycle of Toxic Relationships Program (where you have previously completed the program), live interactive and previously recorded topic talks focusing on the 6 C’s of Relationships, group coaching to ask questions about Relationships, individual email support for private relationship questions, and one individual coaching session.
The dates and times for our interactive topic talks and group coaching will be published on our website. Your subscription allows for access to one topic each 28 days so that after 6 months you will have access to all 6 topics and recordings. All interactive sessions are recorded. You will be advised if group coaching sessions are recorded. You must make use of any individual coaching sessions within the coaching session time, or your session will be forfeited. 24 hours prior written notice must be provided for any rescheduling or cancellations.
BEFORE PURCHASE
Things you must do before purchasing a subscription to the Healthy Relationship 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;
· ensure you have adequate technology set up and internet access to make use of your subscription. We use Teachable and Zoom platforms for delivery.
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 Health Relationship Program.
Acknowledgements you make when purchasing on our website
You further acknowledge and agree that there may be:
· occasional errors or omissions on our website of descriptions, prices, availability and promotions of our services;
· limited places, and limits to certain regions or groups of people;
· technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software.
Except as required by law, we cannot guarantee the accuracy of the information, or the availability of our services. We also cannot guarantee the results of the Healthy Relationship Program as they are dependent on your actions and implementation.
Payments
The Subscription Fee for the Subscription Period is automatically deducted from your nominated payment method unless you or we cancel your subscription in accordance with the Cancellation or Termination terms below.
You authorise us to deduct the Subscription Fee and all other accrued and outstanding fees from your debit or credit card. You must also pay any applicable currency conversion fees, or financial service provider fees where relevant.
DURING THE HEALTHY RELATIONSHIP PROGRAM
Acknowledgements you make in relation to Privacy and Confidentiality
During the Healthy Relationship Program you should maintain the confidentiality of your login and password for your 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 Healthy Relationship Program includes group 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:
You must not record any sessions or meetings, including any group sessions or any personal coaching sessions. 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 https://recreatecounselling.com.au/privacy-policy.
Unfortunately, whilst we encourage confidential communications, we cannot guarantee that online delivery of our Healthy Relationship 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.
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 Healthy Relationship 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.
Your commitment to the Healthy Relationship Program
You must:
· have adequate technology set up including internet access to participate;
· participate fully and to the best of your ability in tasks and activities;
· respect the other participants in the Healthy Relationship Program and not be disruptive in any way;
· communicate honestly and be open to coaching;
· do any actions and activities that are determined in the Healthy Relationship Program;
· complete all Healthy Relationship 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 Healthy Relationship Program.
Acknowledgement you make of changes
On occasion where there are unforeseen circumstances, the group sessions may need to be rescheduled. In these circumstances ever effort will be made to accommodate you.
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.
Things we’d love you to do after you have finished the Healthy Relationship Program
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.
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
We may change information on our website
Except as required by law, we may at any time, and without prior notice to you:
· change and update information including availability and promotions;
· change prices or descriptions of our Healthy Relationship Program;
· discontinue our Healthy Relationship Program.
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 Healthy Relationship Program is delivered with due care and skill.
Except as required by law we do not warrant the quality of the Healthy Relationship Program or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer benefit from the Healthy Relationship Program, or where you fail to comply with our instructions.
If we need to cancel your subscription we will provide a refund
Except as required by law, all payments are non-transferable and non-refundable. On occasion we may cancel the Healthy Relationship Program if we are no longer able to provide it. In these or similar circumstances where we have to cancel we will provide you with a full refund. If you wish to cancel your subscription you must email us at tanyaellsworth@recreatecounselling.com.au . We accept requests for cancellation provided we receive at least 5 business days written notice prior to the following automated payment date.
We can refuse to serve you and offer you the Healthy Relationship Program at any time
We may refuse to provide a subscription 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, any account and disable your ability to use our Healthy Relationship Program. We can also change, suspend or stop providing our services 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 services.
INTELLECTUAL PROPERTY
All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence for to use our Materials for your personal use only. This licence to use our Materials in relation to your subscription is for the duration of your Subscription Period only. In particular, you must not use our Materials 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 Healthy Relationship Program is not a substitute for professional medical advice. We are not medical doctors psychiatrists or psychologists.
Indeed, our Healthy Relationship 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 Healthy Relationship 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 subscription purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued subscriptions, 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, changes to dates and times of the Healthy Relationship 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 services or the supply of an equivalent services; or
· the payment of acquiring an equivalent services.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Subscription Period 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, including , but not limited to where you provide incorrect information, any breach of the posting rules, and any breach of our Intellectual Property Rights.
IF THERE IS A DISPUTE
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 the terms in this document, 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.
Healthy Relationship Program means the subscription service to our Healthy Relationship Program and includes all Materials.
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 Healthy Relationship Program materials, videos, webinars, audio/ visual presentations, worksheets, documents, copy, diagrams, photographs and anything provided to you during the Healthy Relationship Program.
Our Representatives means any of our employees, agents, contractors or subcontractors.
Subscription Fee means the fees as notified to you from time to time.
Subscription Period means each 28 day period.
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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