Terms and Conditions for Membership:
Chaos to Calm- Membership
TERMS AND CONDITIONS
These Terms and Conditions are the terms upon which I, Jennifer Parker, trading as Real Vision Life Coaching ABN 30 531 174 103, agree to grant you access to the membership and provide the Membership Benefits to you. They are also the terms upon which you, by proceeding with your purchase, agree to be granted access to the Membership and receive the Membership Benefits.
Please read these Terms and Conditions carefully. If you disagree with the terms contained in these Terms and Conditions (this Agreement), do not proceed with your purchase. You can contact me at jen@realvisionlifecoaching.com.au if you would like to discuss any aspect of this Agreement.
If you are under 18 years old, you are not eligible to enter into this Agreement and must not proceed with your purchase. I may cancel your Membership and terminate this Agreement immediately if I know you are under 18 years old.
If you live in a country other than Australia or New Zealand, please contact me at jen@realvisionlifecoaching.com.au before purchasing. I may cancel your Membership and terminate this Agreement immediately if I become aware that you live in a country I do not serve.
DEFINITIONS AND INTERPRETATION
Definitions
In this Agreement, the following words, when capitalised have the following meanings (unless expressly provided otherwise):
Claim means any loss, cost, damage, expense, liability or claim;
Content means the textual, visual or aural content that is encountered as part of your Membership, including text, images, sounds, videos and animations, and whether Posted by you, me or any other person;
GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Intellectual Property Rights means Intellectual Property Rights means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
Members mean all individuals that have been granted access to the Membership;
Membership means membership Chaos to Calm offered by Real Vision Life Coaching ABN 30 531 174 103 and if multiple tiers of membership are offered, it means the membership tier that you purchase;
Membership Benefits means any services I provide as part of a Membership Package and, if I choose to provide any other services to you in connection with your Membership, those services;
Membership Fee means the full fee for the Membership as set out on the Website at the time that you purchase the Membership (absent any manifest error), less any discount applied to the Membership Fee (if any);
Membership Package means the package of services that form part of the Membership as set out on the Website at the time that you purchase the Membership (absent any manifest error);
Personal Information has the meaning given to it in the Privacy Act 1988 (Cth);
Post means post, upload, link to, publish, distribute, transmit, disclose, share, or otherwise make available, and “post” and “posting” shall be interpreted accordingly;
Private Facebook Group means the Facebook Group that I create intended for Members only where only members of the Facebook Group can see who is in the group and what they post;
Private Facebook Group Rules means the rules of the Private Facebook Group, as published on the Private Facebook Group page and as amended from time to time;
Tax Invoice has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Website means the website found at www.realvisionlifecoaching.com.au, as updated from time to time
Interpretation
The following rules of interpretation apply in this Agreement unless the context requires otherwise:
headings are for convenience only and do not affect the interpretation of this Agreement;
the singular includes the plural and vice versa;
the words “include”, “includes” and “including” or words of similar effect are not words of limitation; and
in the event of any inconsistency between the Private Facebook Group Rules and this Agreement, this Agreement will prevail to the extent of the inconsistency.
MEMBERSHIP
Membership and Membership Benefits
Subject to this Agreement, I agree to grant you access to the Membership and provide the Membership Benefits to you.
Access to the Membership is personal to you. You may not transfer your access to the Membership or your right to receive the Membership Benefits to any other person.
Membership term
This Agreement will commence when I (or my payments processor) receive payment from you of the Membership Fee (or the first instalment of the Membership Fee) and will continue for one year from that date.
If you wish to cancel your monthly subscription membership, please directly with your link through thrive cart or email me 5 days before your new payment begins.
Unless you provide written notice that you wish to terminate your Membership at least 30 days’ prior to the expiry of this Agreement, you and I will automatically enter into a new agreement upon the expiry of this Agreement, such agreement being:
for a membership and membership benefits the same as, or substantially similar to, the Membership and Membership Benefits (regardless of how they are named) (the Renewed Membership);
on the terms and conditions applicable to the Renewed Membership as then posted or made available on the Website;
for the membership fee applicable to the Renewed Membership as then posted on the Website; and
for a period of one year from the commencement of the Renewed 12 month Membership.
Access to Membership Benefits
Most of the Membership Benefits will be provided using the Private Facebook Group or Zoom.
Membership Benefits provided using Zoom will often be recorded and uploaded to the Private Facebook Group.
You acknowledge that you will need to have a personal Facebook account to join the Private Facebook Group and receive the full Membership Benefits.
Shortly after you are granted Membership, you will be invited to join the Private Facebook Group and, subject to the terms of this Agreement, you will have access to the Private Facebook Group for the duration of this Agreement.
Due to the nature of matters discussed in the Private Facebook Group, you must ensure that any Facebook account you use to join the Private Facebook Group is for your own personal use only, that you keep the password for your Facebook account secure and confidential, and that your Facebook account is not accessible by any other person.
If for any reason your Facebook account is hacked or is accessed by or made accessible to any other person you must notify me immediately at jen@realvisionlifecoaching.com.au so that I can remove you from the Private Facebook Group.
Once I am satisfied that the situation has been rectified, I will again invite you to join the Private Facebook Group.
You are exclusively responsible for access and use of the Private Facebook Group via your Facebook account, whether such access or use is by you or any other person.
I will provide you with reasonable notice of all scheduled sessions, calls and events that form part of the Membership Benefits.
I may reschedule or cancel any sessions, calls or events for reasons beyond my reasonable control and will provide you with as much notice as possible in these circumstances.
You are exclusively responsible for making time in your calendar for attending sessions, calls and events and I will not be liable or responsible for scheduling or rescheduling sessions, calls and events at a time that you cannot attend.
If a Membership Package includes a Membership Benefit that is expressed as being provided “weekly” or “monthly”, in most circumstances the service will be provided weekly or monthly (as the case may be) however I reserve the right not to provide the service if I am sick or injured or if the service falls to be performed on a public holiday, on a day during the school holidays that I have decided to take as leave from my business (acting reasonably) or during the Christmas/New Year period.
ACKNOWLEDGEMENTS
Acknowledgement of limitations regarding expertise
I am an experienced empowerment and mindset coach that loves to guide women to navigate their minds and live an unstoppable life.
help women prioritise themselves and change how they perceive themselves and their reality.
I am a qualified social worker but am otherwise not a qualified medical professional, psychologist or counsellor.
You acknowledge that I cannot and will not provide you with medical or therapeutic advice, including mental health or other medical issues.
You further acknowledge that coaching is not a substitute for counselling, psychotherapy, mental health care or other professional advice by medical or other qualified professionals. It is your exclusive responsibility to seek such care or professional advice as needed.
You agree to consult your doctor before making any health-related decisions during or as a result of your access to the Membership or your receipt of the Membership Benefits.
Acknowledgement of limitations regarding results
You acknowledge that I cannot and do not make any guarantees about any result or objective that can or will be achieved or attained arising out of or resulting from your access to the Membership or your receipt of the Membership Benefits, whether stated in this Agreement or elsewhere.
You further acknowledge that you are exclusively responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from your access to the Membership or your receipt of the Membership Benefits.
You agree that I am not and will not be liable or responsible for any of your actions or inaction or for any direct or indirect result of your access to the Membership or your receipt of the Membership Benefits.
MEMBERSHIP FEE AND PAYMENT
Membership Fee
In return for you being granted access to the Membership and for me agreeing to provide the Membership Benefits to you, you will pay the Membership Fee.
The Membership Fee is in Australian Dollars and includes GST.
Other than as expressly set out in this Agreement, the Membership Fee is non-refundable.
I reserve the right to vary or waive the fees that I charge for the Membership, although any variation will not apply to you other than as provided in clause 2.2(b).
Membership Fee payments
All payments are required to be completed online via my nominated payments processor.
The Membership Fee will be payable in full at the commencement of the Membership or in monthly instalments with the first instalment due on the day of your purchase and the remaining instalments due on the same day of each calendar month for the duration of the Membership.
If you select to pay for your Membership in monthly instalments, a recurring payment will be set up with my payments processor to charge the monthly instalments.
You are responsible for keeping your card details and any other details needed by the payments processor up-to-date to enable these payments to be processed.
All payments will be processed by my payments processor who will encrypt your card or bank account details in a secure environment. I do not have access to your card or bank account details.
Other payments
Any other payments due under this Agreement will be payable in full within 7 days of me issuing a Tax Invoice to you for the payment.
Late payments
If you do not make a payment by the due date, I may charge you interest on the outstanding amount at the rate of 3% per year above the base lending rate of Westpac Banking Corporation, accruing daily.
I may also refer your debt to a debt collection agency, and if I do so you must pay any costs that I incur in connection with the recovery of the unpaid amount (including the agency’s fees and any legal fees).
I may suspend your access to the Membership and my provision of the Membership Benefits to you (including revoking or limiting your access to the Private Facebook Group) while any payments remain outstanding.
COMMITMENT AND CONDUCT
Your commitment
You agree that your commitment under the Membership includes:
attending and participating in sessions, calls and events;
being present and engaged in the Private Facebook Group;
being committed to achieving your desired outcomes; and
providing a safe and supportive environment for other Members.
Your conduct
You agree that in accessing the Membership and receiving the Membership Benefits you will:
be courteous and respectful;
respect and support the purpose of the Membership, being to provide you with the foundations to help create new mindset habits and have a greater awareness about your thoughts, feelings and emotions. To have accountability and support from the membership community.
respect the confidentiality of all other Members;
comply with the Private Facebook Group Rules.
You agree that in accessing the Membership and receiving the Membership Benefits you will not:
Post any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable, for example (without limitation) Content that:
is unlawful or promotes unlawful activity;
is defamatory, discriminatory, or mean-spirited, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
is spam, machine or randomly-generated, constitutes unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling;
contains or installs or attempts to install any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person;
infringes on any Intellectual Property Rights of any party;
impersonates any person or entity including me or my employees or representatives;
violates the privacy or confidentiality of any third person; or
contains false or misleading information or features.
promote your business, other Facebook groups or similar memberships or offerings to the Membership, either in the Private Facebook Group, in the Zoom calls, or by private message to any other Member;
share, discuss or disseminate Content Posted by my or by any other Member with any other person, including images of the Content, without my or the other Member’s (as the case may be) written permission;
contact any other Member outside the Private Facebook Group, or the Zoom calls or the events without their express written permission.
CONTENT
You agree that I cannot control and am not responsible for any Content Posted by any other person, including other Members, and that you access the Membership and receive the Membership Benefits at your own risk.
You understand and acknowledge that by accessing the Membership and receiving the Membership Benefits you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable and agree that under no circumstances will I be liable or responsible in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your exposure to or use of any Content.
I reserve the right (but am not obliged) to, in connection with any Content Posted by you or any other person:
monitor the Content;
determine whether or not the Content is appropriate and complies with this Agreement or the Facebook Rules;
refuse or remove the Content; or
format, edit or change the manner of the Content.
You grant to me a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate any Content Posted by you to the extent reasonably required for the performance of my obligations and the exercise of my rights under this Agreement.
You warrant to me that any Content Posted by you will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.
THIRD PARTY SERVICE PROVIDERS
You acknowledge that my ability to provide the Membership Benefits to you is reliant upon third party service providers such as my internet and telecommunications providers, Facebook and Zoom.
I will not be held responsible if I am unable to provide any Membership Benefit to you because of any problems with a third party service provider where those problems are beyond my reasonable control.
You agree that your use of your own internet and telecommunications providers, Facebook or Zoom to access your Membership and receive the Membership Benefits is at your own risk and you agree that your use of the services provided by those providers is subject to the terms and conditions imposed by them (including their privacy policies).
INTELLECTUAL PROPERTY
As between you and me, I, or my third party licensors, own all Intellectual Property Rights in all material (including Content Posted by me, videos, call recordings, resources, documents, templates and downloads) that I design, create, modify, supply or licence to you or any other person in connection with the Membership or Membership Benefits (the “Membership Material”), even if it was created or modified for or suggested by you.
All Membership Material is provided solely for your personal non-commercial use.
You may not use any of the Membership Material in a manner that infringes upon my Intellectual Property Rights or in a manner that has not been expressly authorised by me in writing.
You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit or distribute by any manner or medium any Membership Material without my express authorisation in writing.
CONFIDENTIALITY
I agree to keep any information that you disclose to me confidential and to use such information only for the purposes of performing my obligations under this Agreement.
I agree not to disclose any such information to any other person except as permitted under this Agreement.
The obligations of confidentiality under this clause will not apply to information which:
is generally available in the public domain except where such availability is because of a breach of this Agreement;
was known by me prior to your disclosure of the information to me; or
is required to be disclosed by an applicable law or court order.
You acknowledge that, even though I use reasonable efforts to ensure that only other Members are invited to the Private Facebook Group and Zoom calls, any information that you Post to the Private Facebook Group or the Zoom calls becomes available in the public domain because I have no control over who logs in to or uses another Member’s Facebook account or Zoom access, who could be listening to any sessions or calls, or how others use or disclose that information. You should therefore avoid Posting any confidential information that you don’t want in the public domain.
PRIVACY
Any Personal Information that you provide to me will be managed in accordance with my Privacy Policy available on the Website.
GUARANTEES AND WARRANTIES
To the fullest extent permitted by applicable law, the Membership and Membership Benefits are provided to you “as is” and “as available”.
Any guarantee, representation, warranty, condition or undertaking which (but for this clause) would be implied into this Agreement by law is excluded to the fullest extent permitted by applicable law.
LIABILITY
Exclusion of liability
I will not be liable to you in respect of any loss of profits or anticipated savings, any loss of revenue or income, any loss of business or contracts, any loss of opportunities, any loss or corruption of any data, database or software, any losses arising out of a Force Majeure Event or any special, indirect or consequential loss or damage.
Limitation of liability
My aggregate liability to you under this Agreement shall not exceed the total amount actually paid by you to me under this Agreement.
Australian Consumer Law
Liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51, 52 or 53 of the Australian Consumer Law) is limited to, at my choice, supplying the services again or paying the cost of having the services supplied again.
General
Nothing in this Agreement will limit any liabilities in any way that is not permitted under applicable law or exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this clause 12 and elsewhere in this Agreement are:
subject to clause 12.4(a); and
govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
INDEMNITY
You agree to indemnify and hold harmless me and my officers, employees, agents, partners, subcontractors and licensors (if any) from any Claim suffered or incurred which relates to or arises out of:
your breach of this Agreement;
any third party claim that you have infringed the Intellectual Property Rights or other legal rights of any person;
any third party claim relating to or arising out of any personal injury or loss or damage to any property (real or personal); and
any third party claim relating to or arising out of any matter that you are exclusively responsible for under this Agreement.
FORCE MAJEURE
If by reason of any fact, circumstance, matter or thing beyond my reasonable control I am unable to perform in whole or in part any obligation under this Agreement:
I will be relieved of that obligation under this Agreement to the extent and for the period that I am unable to perform such obligation; and
I will not be liable to you for failure to perform such obligation to the extent and for the period of the non-performance contemplated by this clause.
SUSPENSION OF MEMBERSHIP
I may on notice to you suspend your access to the Membership and my provision of the Membership Benefits to you (including limiting or revoking your access to the Private Facebook Group) for so long as:
any payment due under this Agreement remains outstanding;
a suspected breach of this Agreement is investigated by me or my nominated representative; or
a breach or suspected breach of this Agreement remains unrectified.
CANCELLATION OF MEMBERSHIP AND TERMINATION OF AGREEMENT
Cancellation for reason
Your Membership will be cancelled if:
I give you written notice cancelling your Membership in circumstances where:
I suffer serious injury or illness or, because of injury or illness, I determine (in my absolute discretion) that I am unable to properly fulfill my obligations under this Agreement;
you fail to make any payment due and payable under this Agreement by the due date and you fail to remedy the failure within 5 working days of me giving written notice to you requiring you to remedy the failure; or
you fail to comply with any of your obligations under clause 5.2;
you give me written notice cancelling your Membership in the circumstances contemplated by clause 17;
either party suffers an Insolvency Event; or
a party (First Party) gives written notice cancelling your Membership in circumstances where the other party (Second Party) commits a material breach of this Agreement and the Second Party fails to remedy the breach within 5 working days of the First Party giving written notice to the Second Party requiring the Second Party to remedy the breach.
Termination for convenience
I may cancel your Membership at any time, for any reason, by sending you written notice to that effect in which circumstances your Membership will immediately be cancelled on the date specified in the notice.
Consequences of cancellation
Upon cancellation of your Membership:
this Agreement will immediately come to an end;
I will immediately cease providing the Membership Benefits to you;
I will revoke your access to the Private Facebook Group;
I will have no further liability to you in respect of any Membership Benefits not yet provided to you under this Agreement; and
in the event I cancelled your Membership under clauses 16.1(a)(i) or 16.2 or you cancelled your Membership under clauses 16.1(b)or 16.1(d), I will refund to you within five working days a proportion of any Membership Fee paid by you in advance, pro rata with time not elapsed.
AMENDMENTS TO THESE TERMS AND CONDITIONS
I reserve the right to modify or replace these Terms and Conditions at any time.
If I determine that a revision is material I will provide you with at least 30 days’ notice of the revision before it takes effect.
By continuing to access the Membership or use the Membership Benefits after the revisions take effect (regardless of whether you were notified of them or not), you agree to be bound by the revised Terms and Conditions.
If any revision impacts you in a materially adverse manner you may cancel your membership by written notice to me within 30 days of being notified of the revision.
GENERAL
Entire agreement
This Agreement constitute the entire agreement between you and I in relation to its subject matter and supersede all previous agreements, arrangements and understandings between you and I in respect of that subject matter.
Consents, authorisations, determinations and decisions
Any consent or authorisation given, determination or decision made, or action taken by me under this Agreement shall be given, made or taken in my sole and absolute discretion, unless expressly provided otherwise in this Agreement or otherwise required by law.
Waiver
No breach of any provision of this Agreement shall be waived except with the express written consent of the party not in breach.
Severability
If anyone or more of the provisions contained in this Agreement must, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability must not affect any other provisions of this Agreement, but this Agreement must be construed as if such invalid, illegal or unenforceable provisions had never been contained in this Agreement, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated in this Agreement to be unreasonable.
Cumulative remedies
Except as expressly provided in this Agreement, the rights of a party under this Agreement are in addition to and do not exclude or limit any other rights or remedies provided by this Agreement or by law.
Survival
Clauses 3, 4.3, 4.4, 5.2, 6, 8, 9, 11, 12, 13, 16.3, and 18 survive the expiry or termination of this Agreement.
Notices
Any notice given under this Agreement must be given by email to:
in the case of Real Vision Life Coaching: jen@realvisionlifecoaching.com.au; and
in your case: the email address used by you when you purchased the Membership or any subsequent email address notified by you,
and will be deemed to have been received one working day after being sent.
Governing law
This Agreement is governed by and shall be construed in accordance with the law of Queensland, Australia.
The courts of Queensland, Australia shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.
Concerns, complaints and disputes
If you have a concern or complaint regarding your Membership or the Membership Benefits please contact me immediately at jen@realvisionlifecoaching.com.au so that we may aim for a quick and effective resolution of your concern or complaint through friendly consultation.
In the event of a dispute arising between us, you agree to the following dispute resolution procedure:
you must notify me in writing of the nature of the dispute, the outcome you seek and what actions you believe will resolve the dispute (the “Notice of Dispute”);
you agree to meet with me or my representative in person or via Zoom within five working days of me receiving the Notice of Dispute in good faith to seek to resolve the dispute;
if the dispute is not resolved by agreement within 10 working days of me receiving the Notice of Dispute, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five working days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited. The costs of the mediator must be borne equally between the disputing parties. The chosen mediator must determine the procedures for the mediation. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute; and
if the parties have not mediated a resolution of the dispute within ten working days of the selection of a mediator, neither party must be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it thinks fit in relation to the dispute.