Additional Terms of Service for Customers

Additional Terms of Service for Online Programs

THESE ADDITIONAL TERMS OF SERVICE FOR CUSTOMERS (“TERMS”) APPLY TO ALL CLIENTS AND CUSTOMERS, OR ALL POTENTIAL CLIENTS AND CUSTOMERS OF MAW CONSULTANCIES PTY LTD T/AS STRESS FREE SUPER MUM [ABN 29601648088] (“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 OR CUSTOMER OF OURS. IF YOU DO NOT AGREE, YOU CANNOT PURCHASE ANY OF OUR PRODUCTS ONLINE. WE MAY CHANGE THIS AGREEMENT AT ANY TIME, AND BY CONTINUING TO USE OR ACCESS OUR WEBSITE AND SERVICES, YOU ARE ACCEPTING THOSE CHANGES.

BEFORE PURCHASE

Things you must do before purchasing Products on our website

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 Product via the published payment methods available;
have any special offer coupons ready as they must be used at the time of purchase to apply; they cannot be applied retrospectively;
ensure you have adequate technology set up and internet access to receive any digital products;
be careful with your order because after placing an order we may not be able to cancel it as it will have been processed and paid for by us.

Acknowledgements you make when purchasing on our website

You acknowledge and agree that there may be:

occasional errors or omissions in Product descriptions, prices, shipping charges, delivery times, availability and promotions;
colour differences, so that the colours and images of Products we display may be different on your screen to the colours and images of the actual Products;
Products we display that are only available through our website;
technical problems access the Products there are inherent risks associated with downloading digital products and using online software;
some Products with limited quantities, and some sales that are limited to certain regions or groups of people.

Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Products.

Acknowledgements you make in relation to Intellectual Property

All the Intellectual Property Rights in the Products are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use the Products for your sole personal use only.

Please contact us immediately at admin@katrinawurm.com.au if you have any concerns in relation to copyright, or personal information.

AFTER PURCHASE

Things you must do after purchasing on our website

You must:

contact Australia Post or the courier company directly if you have late, stolen, or damaged deliveries;
comply with the manufacturer’s or our instructions in relation to the Product;
contact us by email at admin@katrinawurm.com.au if you have any issues with the Product and require a refund;
maintain the confidentiality of your login and password for your account accessing Products;
contact us by email at if you have any difficulty downloading or accessing any Products;
not reproduce, duplicate, copy, sell, re-sell or exploit the Products in any way;
seek our prior written consent before any publication of information about us; and
in the case of a dispute keep all communications confidential.

You further agree that you will not do anything which may endanger, jeopardise or prejudicially affect our goodwill, image or standing.

Things we’d love you to do after purchasing on our website

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 admin@katrinawurm.com.au

OTHER MATTERS YOU SHOULD BE AWARE OF

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 shipping charges, delivery times, availability and promotions;
change prices or descriptions of our Products;
change our range of Products, or discontinue Products and/or
cancel orders if information is inaccurate.

We make deliveries at your option and your cost

We deliver Products purchased through our website to the areas that are published on our website. We will process your delivery upon receipt of payment, and completion of any Work and send your Products via Australia Post or a reputable courier company. Delivery times will depend on your selected delivery option. Any international customers are responsible for any custom and import duties.

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 Products are of acceptable quality, fit for purpose and match the description we provide on our website. You will have the right to have a Product replaced or refunded if it doesn’t meet a consumer guarantee. You also have the right to the reasonable costs of any return postage.

Except as required by law we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with manufacturer's or our instructions, where you fail to take reasonable care, or where you fail to provide us with adequate information.

If we need to cancel your order we will provide a refund

Except as required by law, all sales for our Products are non-transferable and non-refundable. On occasion we may cancel an order for a Product where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. In some instances, where we cannot fulfil part of your order, we will call you and ask if you would like a replacement or substitution product or refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where an order appears to be by resellers or distributors without permission. We do not provide refunds except as required under the Australian Consumer Law.

We can refuse to serve you and sell Products at any time

We may refuse to provide Products 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, and ban your purchase of any Products. We can also change, suspend or stop providing Products 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 selling our Products, or stop any services.

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 Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, lost or stolen Products during delivery, any late delivery, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, or your use or misuse of any Product.

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 products or the supply of equivalent products; or
the payment of the cost of replacing the products or of acquiring equivalent products.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for.

IF THERE IS A DISPUTE

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 any breach of Intellectual Property Rights. You indemnify us against any and all Loss or damage which we may suffer as a result of any Claims arising out of or in connection with a breach of this Agreement, .

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 VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, 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. 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 this Agreement survive termination of this Agreement.

DEFINITIONS

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these Additional 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.
Content means any or any other content or information you provide to us.

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

Products means any product available through our website, and includes any digital products such as downloadable worksheets, planning printables, ebooks and any physical products such as paperback book "Back Yourself", "Wear Your Warrior" and similar products.
We, us, or our means MAW Consultancies PTY LTD t/as Stress Free Super Mum [ABN 29601648088] and includes any of our directors, officers, employees, agents, partners, and contractors.
Website and services means www.stressfreesupermum.com, and everything available on this website including, but not limited to, all Products and any services.

THESE ADDITIONAL TERMS OF SERVICE (“TERMS”) APPLY TO ALL CLIENTS, OR ALL POTENTIAL CLIENTS OF MAW CONSULTANCIES PTY LTD T/AS STRESS FREE SUPER MUM [ABN 29601648088 ] (“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 CLIENT OF OURS.

ONLINE PROGRAMS WE WILL PROVIDE

Our Online Programs teach you about goal setting, time management, balance, self care and self discovery. We provide various materials to help you during the Online Program, including worksheets. We also have group sessions.

BEFORE PURCHASE

Things you must do before purchasing Online Programs on our website

You must:

· be 18 years old or have parental consent;

· provide complete and accurate information to us, and promptly inform us of any updates to your information;

· ensure you have adequate technology set up and internet access to participate in the Online Program. We use Facebook Group and OtherI have a FB group set up for Women Taking Flight and all the other programs are downloadable PDF worksheets.

You represent and warrant that:

you are in good mental health;
you are not being treated for any mental health condition, or if you are you have a letter of consent from your psychiatrist, or psychologist to participate; and
you will notify us immediately if your health status changes in any way.

Acknowledgements you make when purchasing on our website

You acknowledge and agree that:

· we cannot take into account your personal situation or your personal goals or objectives when providing the Online Programs. The Materials are general in nature and we cannot guarantee that your desired outcome will be met as everybody’s circumstances, needs and expectations vary;

· the Materials we provide are not a substitute for independent professional advice and any reliance on this information is at your sole risk. For example, sometimes the Materials could be classed as "health" advice. You must consider whether or not the information is appropriate to your needs. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on our information.

· participation in the Online Program is voluntary and is always at your sole risk. You are responsible at all times for your safety and wellbeing. We are not an emergency service, and are not your doctor, counsellor, psychologist, psychiatrist, or other health professional. You must always seek proper advice from a professional regarding any diagnosis, assessment or treatment. We are not liable for any Loss or damage suffered in connection with your participation in any Online Program or reliance on any “health or medical advice”.

You further acknowledge and agree that there may be:

· occasional errors or omissions in Online Program descriptions, prices, availability and promotions;

· some Online Programs with limited places, and some programs that are limited 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 the Online Programs. We also cannot guarantee the results of the Online Program as they are dependent on your learning, actions and implementation.

You also acknowledge that we may make recommendations of suppliers for various products or services during our Online Programs. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.

Payments

You must:

pay for the Online Program via the published payment methods available;

make the deposit or instalment payment as required by us prior to commencement of the Online Program as your place cannot be reserved or confirmed until payment is received; and
have any special offer coupons ready as they must be used at the of purchase to apply; they cannot be applied retrospectively.

You also agree to pay any applicable currency conversion fees, or financial service provider fees where relevant. Where payments are made in instalments, you authorise us to deduct all accrued and outstanding fees from your credit card or debit card provided. You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.

AFTER PURCHASE

Things you must do after purchasing on our website

You must:

· not allow other people to use the Materials ;

· contact us by email at if you have any difficulty downloading any Materials;

· not reproduce, duplicate, copy, sell, re-sell or exploit the or Materials in any way;

· contact us by email at if you have any issues with the Online Program and require a refund;

· seek our prior written consent before any publication of information about us; and

· in the case of a dispute keep all communications confidential.

We have group sessions where you can be part of our community but please follow our rules

We encourage you to engage with us and other participants during the Online Program, however, you must comply with our rules at all times.

You must respect the other participants in the Online Program and not be disruptive in any way. We may exclude you from any group sessions or events where you become disruptive or disrespectful 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.

Acknowledgements you make in relation to privacy and confidentiality

During the group sessions you may share sensitive, personal, and private information (“Confidential Information”), or others may share similar information.

You acknowledge and agree to keep all information confidential, and not to disclose any information outside the group. You must not record any group sessions.

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 here.

Unfortunately, whilst we encourage confidential communications, we cannot guarantee that delivery of our Online Program and any Materials will be secure, and we cannot guarantee your privacy or confidentiality when accessing online technology.

Posting rules

You must not post any of the following, which is determined at our discretion:

any inappropriate or offensive, threatening or abusive content;
any immoral content, including but not limited to, anything pornographic or obscene;
any illegal content, including any content which is defamatory;
anything that breaches the rights of any third party, including but not limited to, any intellectual property rights of a third party such as copyright, or trademark, or a third party’s privacy; or
any content that impersonates any other person or misleads us or third parties as to the origin of your posts.

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 any obligation to, edit or remove the content. By making posts in our community, you grant us a non-exclusive, worldwide, royalty-free perpetual irrevocable licence to use the posts for any purpose, and you waive any Moral Rights in those posts.

Acknowledgement you make in relation to 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 crisis you must contact an emergency service.

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. In this event, we will reschedule the groups session to another reasonable time. In the event that you experience a crisis during the duration of the Online Program or during a session, we will refer you to appropriate service and you agree to seek assistance immediately.

Acknowledgement you make in relation to online events

You acknowledge and agree that we may make recordings of online events that you participate in. These recordings may be audio, video or still photographs, and may be used by us for marketing or information purposes. Your participation in the online event is subject to you granting us the copyright in all recordings to use, reuse and publish the recordings where you may be depicted or included, in whole or in part, in composite or distorted in character or form, without restriction as to changes from time to time, in any media now or developed in future. You waive all rights to approve of the finished recordings.

1:1 sessions and Rescheduling

Where your Program includes 1:1 sessions, you must meet or call at the scheduled time, and participate fully during each coaching session with accountability, honesty, integrity and respect for the process. Where it is necessary for you to reschedule a 1:1 Session this must be done by phone at least 48 hours before the scheduled Session. Where you do not reschedule, you will forfeit any 1:1 session. Where you are late to any session, the session will still finish at the scheduled time.

Your commitment to the Online Program

To get the most benefit out of our Online Program,

you should:

· be on time for all Program sessions;

· ensure you are at your peak mental, physical and emotional state for the Program sessions;•

· be honest, open and truly committed to change;

· be willing to try new ways of learning, wholeheartedly trying new concepts or different ways of doing/approaching things,

· be willing to explore, challenge and change thoughts, feelings and actions that you recognise as self-defeating;

· be ready to keep to your commitments as agreed in any Program session,

· be open to receive feedback and implementing any changes;

· immediately inform your coach when things are not working for you;

· understand the need to plan the relationship ending in advance to allow for a degree of closure and wrap-up.

You acknowledge and agree that you are solely responsible for your life choices and actions, and your own success and outcomes during the Online Program. We cannot guarantee your goals will be reached.

Things we’d love you to do after purchasing on our website

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 admin@katrinawurm.com.au.

OTHER MATTERS YOU SHOULD BE AWARE OF

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 promotions;

· change prices or descriptions of our Online Programs;

· change our range of Online Programs, or discontinue an Online 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 Online Programs are delivered with due care and skill and in a reasonable time.

Except as required by law we do not warrant the quality of the Online Programs 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 partake in part or all of an Online Program, or where you fail to comply with our instructions.

If we need to cancel your order we will provide a refund

Except as required by law, all payments are non-transferable and non-refundable. On occasion we may cancel an Online Program where we are no longer able to provide it. In these or similar circumstances where we have to cancel the whole program we will provide you with a full refund. Despite our reasonable endeavours, on occasion we may also need to change times or dates of program sessions at short notice or even cancel parts of an Online 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.

We can refuse to serve you and sell Online Programs at any time

We may refuse to provide our Online Programs 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, and disable your ability to purchase of our Online Programs. We can also change, suspend or stop providing Online Programs 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 Online Programs.

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 to use our Materials for your personal use only. This licence to use our Materials in relation to the Online Programs is for the duration of the Online Program 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 admin@katrinawurm.com.au to seek consent.

RELIANCE ON ADVICE DISCLAIMER

We may provide information in our Materials and that may be classed as health advice. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information may be historical information, and based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete. For that reason, we cannot guarantee that the information is accurate, complete or current.

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 Online Programs purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Online Programs, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, our recording of any events, and changes to dates and times of Online Programs.

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 Online Program or the supply of an equivalent Online Program; or

· the payment of acquiring an equivalent Online Program.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Online 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, including, but not limited to where you provide incorrect information, any breach of the group session and posting rules, and any breach of our Intellectual Property Rights.

IF THERE IS A DISPUTE

OTHER

This Agreement is to be construed in accordance with the laws of VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, 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 the general website terms and conditions 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, property damage and legal costs.
Materials means any of our worksheets and any and all online program materials, and anything provided to you during the program.
Moral Rights means any moral rights as defined under the Copyright Act 1968.
Online Program means our Stress Free Super Mum programs, including but not limited to the following:

Stress Free Super Mum: Women Taking Flight
Stress Free Super Mum: Balance and Self Care
Stress Free Super Mum: Extraordinary Goal Setting
Stress Free Super Mum: Productivity and Time Management
Stress Free Super Mum: Self Discovery
Stress Free Super Mum Mini Program: Annual Goal Setting Program
Stress Free Super Mum Mini Program: Interruptions Blaster
Stress Free Super Mum Mini Program: Identify your Personal Values
Stress Free Super Mum Mini Program: The Power of No

and includes all Materials.
We, us, or our means MAW Consultancies PTY LTD t/as Stress Free Super Mum [ABN 29601648088 ] and includes any of our directors, officers, employees, agents, partners, contractors.
Website and services means , and everything available on this website including, but not limited to, all Online Programs.

Additional Terms of Service for Customers

Additional Terms of Service for Online Programs

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