Terms & Conditions

Definitions and interpretation

Definitions

1. in Australia, the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth);
2. in the United Kingdom, the Consumer Rights Act 2015 (UK) and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (UK); and
3. in the United States, any consumer protection statute, rule or common law of the state in which you are resident and any applicable federal law, in each case as it applies to your purchase.

Interpretation

1. The singular includes the plural and vice versa.
2. A reference to a statute, regulation or rule includes any amendment to it or replacement of it.
3. Headings are for convenience only and do not affect interpretation.
4. A reference to a person includes an individual, body corporate, trust, partnership or other entity.
5. A reference to “including” or “for example” is not limiting.
6. A reference to $ is to Australian dollars unless otherwise stated at the point of purchase.

Acceptance and formation of contract

1. By clicking “I agree”, ticking the acceptance box or otherwise proceeding to purchase a Digital Product, you accept these Terms and agree that they form a binding contract between you and us.
2. If you do not accept these Terms, you must not purchase or use any Digital Product.
3. A contract for the purchase of a Digital Product is formed when we send you confirmation of your purchase by email.
4. If you purchase our hybrid coaching program, the Coaching Agreement, not these Terms, governs that program.

Not therapy, medical or psychological advice

1. The Digital Products and the Free Content are educational and informational in nature only.
2. The Digital Products and Free Content:
   1. are not, and must not be treated as, therapy, counselling, psychology, psychiatry, medical treatment, health care, diagnosis or a substitute for consultation with a qualified healthcare, mental health or other professional;
   2. do not create a therapist-client, psychologist-client, doctor-patient, coach-client or other professional-client relationship between you and us; and
   3. must not be relied on in place of advice from a qualified healthcare, mental health or other professional appropriate to your circumstances.
3. If you are experiencing a mental health emergency or crisis, contact emergency services on 000 (Australia), 999 (United Kingdom) or 911 (United States), or a crisis service in your jurisdiction, including Lifeline (13 11 14 in Australia), the Samaritans (116 123 in the United Kingdom) or the 988 Suicide and Crisis Lifeline (988 in the United States).

Age restriction

1. The Digital Products are for adults only. By purchasing or accessing a Digital Product, you warrant that you are at least 18 years of age.
2. You must not purchase or provide access to a Digital Product on behalf of a person under 18.

Pricing and payment

1. We may display and charge prices in Australian dollars, United States dollars, pounds sterling or another currency, as shown at the point of purchase. Unless another currency is stated at the point of purchase, all prices are in Australian dollars.
2. Prices are stated inclusive or exclusive of GST as indicated at the point of purchase.
3. Payment for a Digital Product must be made in full at the point of purchase using the payment methods available on the Websites (currently Stripe). Your use of Stripe is governed by Stripe’s own terms of service and privacy policy.
4. You are responsible for any currency conversion cost, bank fee, foreign exchange charge, sales tax, value-added tax or other tax that applies to your payment in the country in which you are resident. Where your payment is converted from or into another currency, the exchange rate and any conversion or foreign exchange fee are set by Stripe or by your card issuer, not by us, and you are responsible for them.
5. Where a Digital Product is offered on payment terms (for example, in instalments), the full price becomes payable in the circumstances set out at the point of purchase.
6. If an instalment fails or is not paid when due, we may give you written notice. If you do not pay the outstanding amount within seven days after the notice, we may suspend your access to the Digital Product and the whole of the unpaid balance becomes immediately payable. We may charge interest on any overdue amount at the rate fixed from time to time under the Penalty Interest Rates Act 1983 (Vic), and may recover the reasonable costs of recovering an overdue amount.
7. If a chargeback is initiated against a payment made to us without lawful basis, we may suspend or terminate your access to the Digital Product and recover from you the reasonable costs of responding to the chargeback.

Delivery and access

1. On successful payment, we will make the Digital Product available to you by email link, download or through an online portal, as applicable to the Digital Product.
2. You are responsible for downloading the Digital Product within any timeframe stated at the point of purchase and for storing your own copy securely.
3. We may host all or part of a Digital Product with a third-party platform provider. The platform provider’s terms will apply to your access.
4. If you are unable to access a Digital Product for reasons within our reasonable control, please contact us at the address set out in clause 22 and we will assist you.

Cooling-off — United Kingdom and other applicable jurisdictions

1. This clause 7 applies to you if you are a “consumer” resident in the United Kingdom, or in another jurisdiction where a mandatory cooling-off right applies to a distance sale of digital content (each a “Cooling-off Jurisdiction”).
2. If you are a consumer in a Cooling-off Jurisdiction, you have a right to cancel your purchase within 14 days after the date the contract is formed under clause 2(c) without giving a reason (the “Cooling-off Period”).
3. You lose the right to cancel under this clause 7 if:
   1. you have given an Immediate Access Acknowledgement at the point of purchase (that is, you have expressly requested that supply of the Digital Product begin during the Cooling-off Period, and you have acknowledged that you will lose your right to cancel once supply has begun); and
   2. supply of the Digital Product has begun (for example, by download, streaming or the making available of the Digital Product to you through an online portal).
4. To exercise your right to cancel under this clause 7, you must send us a clear statement of your decision to cancel by email to the address in clause 22 before the end of the Cooling-off Period. If you cancel within the Cooling-off Period, we will refund the amount you paid, using the same means of payment you used, within 14 days after we receive your cancellation notice.

Licence

1. copy, reproduce, republish, distribute, upload, transmit, broadcast, communicate to the public or make available to any third party any part of the Digital Product;
2. share your access credentials with any other person or permit any other person to access the Digital Product using your credentials;
3. record, screen-capture or otherwise capture pre-recorded video, audio, live webinar or other content;
4. create derivative works from the Digital Product or use it to develop competing content or services;
5. use the Digital Product for any commercial purpose, including reselling, on-supplying, hosting or providing coaching, counselling or training services to others by reference to the Digital Product;
6. reverse engineer, decompile or otherwise attempt to derive the underlying source of any digital component; or
7. use the Digital Product in a manner that infringes our Intellectual Property or the Intellectual Property of any third party.

Intellectual Property

1. We (or our licensors) own all Intellectual Property in the Digital Products, the Free Content and the Websites.
2. Nothing in these Terms transfers to you any Intellectual Property.
3. If you provide us with feedback, suggestions, testimonials or other input regarding a Digital Product, you grant us a perpetual, worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, adapt and publish that content for our business, including in marketing. Where you have appeared in a testimonial or case study, we will not identify you by name without your separate written consent.

No guarantee of results

1. We do not guarantee any particular result, outcome, improvement or benefit from your use of a Digital Product.
2. The success of any strategy or exercise discussed in a Digital Product depends on many factors outside our control, including your individual circumstances, your engagement with the content and how you choose to implement it.
3. Any testimonial, case study or before-and-after example you may see reflects the experience of the individual shown. Individual results vary. A testimonial does not constitute a guarantee, warranty or representation about any particular result you might achieve.

Refunds and consumer rights

1. Digital Products are downloadable digital content or online-accessed content. Except as set out in clause 7 (cooling-off), we do not offer refunds for change of mind once you have downloaded, streamed, viewed or otherwise accessed a Digital Product.
2. Nothing in clause 11 excludes, restricts or modifies any consumer guarantee, right of refund or right of remedy that you have under the Consumer Law where the right cannot lawfully be excluded, restricted or modified.
3. Where the Australian Consumer Law applies:
   1. if a failure to comply with a consumer guarantee is a major failure, you may choose to have the Digital Product replaced or to receive a refund and to recover reasonably foreseeable loss or damage;
   2. if a failure is not a major failure, we may choose to repair or replace the Digital Product or provide an equivalent Digital Product; and
   3. you are entitled to any other rights and remedies that are available at law.
4. Where the Consumer Rights Act 2015 (UK) applies, the Digital Product will be of satisfactory quality, fit for a particular purpose you have made known to us and as described. If it is not, you have the statutory remedies of repair or replacement (which we will provide within a reasonable time and without significant inconvenience) or, if repair or replacement is not possible or does not remedy the failure within a reasonable time, a price reduction of up to the full purchase price.
5. If you are a consumer in the United States, additional rights may apply under the law of your state and under federal consumer protection law (including section 5 of the Federal Trade Commission Act (US)). Nothing in these Terms excludes or limits those rights.

Sensitive Information

1. Some Digital Products discuss topics relating to sexual health, sexual practices, relationships and emotional wellbeing.
2. Any Sensitive Information you provide to us in connection with your purchase or use of a Digital Product (including in feedback, an enquiry or a testimonial) will be handled in accordance with our Privacy Policy. By providing that information to us, you consent to us collecting, using and disclosing it for the purposes described in the Privacy Policy.
3. You are responsible for the security of any device on which you access, download or view a Digital Product. We do not require you to disclose Sensitive Information to us in order to purchase or access a Digital Product.

Limitation of liability

1. Subject to clause 13(e), we limit our liability to you (whether in contract, tort (including negligence), under statute or otherwise) as set out in this clause 13.
2. To the maximum extent permitted by law, we exclude all implied representations, warranties, conditions and terms in relation to the Digital Products, other than those that cannot lawfully be excluded.
3. Our aggregate liability to you for any and all claims, however arising, in connection with the Digital Products is limited to the total amount paid by you for the Digital Product to which the claim relates in the 12 months before the claim first arose.
4. Nothing in these Terms excludes, restricts or modifies:
   1. any right under the Consumer Law that cannot be lawfully excluded, restricted or modified (including rights under the Consumer Rights Act 2015 (UK) and the Australian Consumer Law);
   2. our liability for personal injury or death caused by our negligence, or for our fraud or fraudulent misrepresentation; or
   3. any other liability that cannot lawfully be excluded.
5. Where we are entitled to limit our liability under a consumer guarantee under the Australian Consumer Law (because the Digital Product is not of a kind ordinarily acquired for personal, domestic or household use or consumption), our liability is limited under section 64A of that law to, at our option, replacing the Digital Product or supplying an equivalent Digital Product or paying the cost of doing so.
6. We are not liable for any indirect, consequential, special or punitive loss, or for any loss of profit, revenue, business, opportunity, goodwill or data, in each case however arising and to the extent permitted by law.

Indemnity

1. your breach of these Terms;
2. your negligent, fraudulent or unlawful act or omission; or
3. your use of the Digital Product in a manner not permitted by these Terms.

Privacy

1. We collect, use and disclose Personal Information and Sensitive Information in accordance with our Privacy Policy, which forms part of these Terms.
2. Our Privacy Policy sets out:
   1. how we handle Personal Information under the Privacy Act 1988 (Cth) and the Australian Privacy Principles;
   2. how it handles the UK General Data Protection Regulation for United Kingdom customers; and
   3. how it handles the applicable state privacy laws (including the California Consumer Privacy Act 2018 and the California Privacy Rights Act 2020) for United States customers.

Marketing and electronic communications

1. We will send you emails related to your purchase (including invoices, delivery confirmations, access details and important updates) even if you have not consented to marketing.
2. Where you have consented to receive marketing communications from us, we will send those communications in accordance with the Spam Act 2003 (Cth) in Australia, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (UK) in the United Kingdom, and the CAN-SPAM Act of 2003 (US) in the United States.
3. You may unsubscribe at any time using the mechanism in each communication.

Suspension and termination

1. We may suspend or revoke your access to a Digital Product immediately by notice to you if:
   1. you materially breach these Terms and, where the breach is capable of remedy, do not remedy it within seven days after we notify you;
   2. you engage in fraudulent, abusive or unlawful conduct in connection with the Digital Product; or
   3. we are required to do so by law or by an order of a court, tribunal or regulator.
2. On suspension or revocation, you must immediately stop using the Digital Product and destroy or delete all copies in your possession or control.

Force majeure

Governing law and jurisdiction

1. These Terms are governed by the law of Victoria, Australia.
2. You and we submit to the exclusive jurisdiction of the courts of Victoria and any court that hears appeals from those courts.
3. Despite the choice of Victorian law and the choice of Victorian courts, if you are a consumer resident in the United Kingdom, the United States or another jurisdiction, you may have rights under the law of the country or state in which you are resident that cannot be excluded, restricted or modified by contract. Nothing in this clause 19 affects those rights.

Dispute resolution

1. Before commencing court proceedings (other than proceedings seeking urgent interlocutory relief), you must give us written notice of the dispute and the parties must attempt to resolve the dispute in good faith within 21 days after the notice.
2. If the dispute is not resolved within that period, the parties must refer the dispute to mediation administered by the Resolution Institute under the Resolution Institute’s mediation rules before commencing court proceedings.

General

1. Variation: We may vary these Terms from time to time by posting the updated Terms on the Websites. The updated Terms apply to purchases made on or after the date of posting.
2. Severability: If any provision of these Terms is or becomes invalid, illegal or unenforceable, that provision is severed and the remaining provisions continue in full force and effect.
3. No waiver: A failure to exercise or a delay in exercising a right under these Terms is not a waiver of that right.
4. Entire agreement: These Terms, together with our Privacy Policy and Cookie and Tracking Notice, constitute the entire agreement between you and us in relation to the Digital Products and supersede all prior representations, agreements and understandings.
5. Assignment: You must not assign or novate any of your rights or obligations under these Terms without our prior written consent. We may assign or novate our rights and obligations under these Terms (without your consent).
6. Notices: Notices to you may be sent by email to the address you provided at the point of purchase. Notices to us must be sent to the address in clause 22.
7. Rights of third parties: For United Kingdom customers, no person who is not a party to these Terms has any right under the Contracts (Rights of Third Parties) Act 1999 (UK) to enforce any of these Terms.

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