Terms and Conditions
OVERVIEW
This website is operated by Worthy Psychology. Throughout the site, the terms “we”, “us” and “our” refer to Worthy Psychology (ABN 67 643 933 073). Worthy Psychology offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
By proceeding to purchase and/or commit to receiving products or services from us, you’re indicating to me that you’ve read, understood and agreed to enter into a binding agreement with me on these terms and conditions. You also warrant that you are at least 18 years of age (or have the written consent of a parent/guardian to receive products or services from us). Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy (found in description of each individual product). We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. The scope of the products or services are as set out on the relevant information pages on the Website.
International Users
You understand that we am located within Australia and our content, products and services are informed by our Australian training and experience. We make no warranty, guarantee or representation that any content, product or service will be available or suitable for use outside of Australia. You understand that you are fully responsible for compliance with local laws. You agree not to access my content, products or services in any country or in any manner prohibited by local laws.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Psychology Sessions
The terms of the psychology sessions are outlined in the Consent Form provided to you prior to your initial consultation.
Individual Coaching Sessions
You will contact me directly by email if you'd like to purchase individual coaching services. Individual coaching sessions may be rescheduled provided you give me at least 48 hours’ notice.
If you purchase a package of individual coaching sessions, you will only be entitled to receive the number of sessions included in the scope of your package within the timeframe set out in the scope. I will agree to reschedule an individual coaching session included in a package provided that:
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you give me at least 48 hours’ notice,
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you can commit to completing the session within the following 7 days,
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you have not previously rescheduled the session, and
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you are not otherwise in breach of this agreement.
If you fail to book and/or attend a package session, you will be deemed to have waived your right to receive the session.
Group Calls
If you purchase a product or service which includes access to attend a group call (for example, a live webinar or group coaching session), the call will be held via Zoom, or such other platform as I nominate from time to time.
Group calls are held on the date and at the time specified by me and are subject to change by me on reasonable notice to you. You must conduct yourself on group calls in accordance with my Community Guidelines, located at the bottom of this page.
If you breach the Community Guidelines, I may (without limiting my other rights under this agreement) turn off your microphone or video input or remove you from the group call for part or the entire duration of the call. Serious breaches may result in you being prevented from attending or participating in future group calls.
Digital Products
If you purchase a digital product or a service which includes a right to receive a digital product (such as a video, workbook or template), the following terms apply:
1. Access – Digital products are delivered by email, or otherwise accessed via an online portal. Once you have completed your purchase, your online access details will be emailed to you. If you do not receive your product or are unable to access it, please contact us at kelly@worthypsychology.com
2. Delivery Address – It’s your responsibility to make sure that your email address details are correct. You will be solely responsible for any incorrect or failed delivery if you don’t supply current, accurate email address details. If after a failed delivery you do not respond within 30 days to a request for an alternative email address for delivery, you will be deemed to have waived your right to receive the product.
3. Not redeemable – Products are non-transferable and are not redeemable for cash or credit.
4. Liability for charges – You are responsible for any charges you may incur from your internet provider for downloading or accessing digital products.
5. Refunds – If your product is defective on delivery so that it is unable to be accessed (for example, because the file is corrupted), please contact us at kelly@worthypsychology.com
Please note that you are required to inform us of any fault with the goods in the period from delivery until the fault or problem would reasonably be expected to appear. Based on the nature of our products, we estimate this period to be approximately 7 days.
Nothing in this clause limits your rights under the ACL.
Platform Terms and Conditions
We utilise online platforms to help deliver products and services to you. It is essential that you agree to their Terms of Use to access and/or interact with my products and services which utilise these platforms. I will not be responsible if you are not able to access any product or service (or any component or any offering) caused by any failure by you to agree to any platform provider’s terms or any breach of their terms by you.
These are as follows:
Zoom - https://explore.zoom.us/en/terms/
ThriveCart - https://legal.thrivecart.com/platform/terms/
Facebook - https://www.facebook.com/terms.php
PowerDiary - https://powerdiary.com/au/terms-of-use/
Stripe - https://stripe.com/au/legal/checkout
Mailchimp - https://mailchimp.com/legal/terms
SECTION 6 – PRICING AND PAYMENTS
eCommerce
Please note that when you submit an order to purchase a product or service, no agreement is formed until I process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or availability error), I may choose not to complete the order, but I’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, or delaying your order).
Payment
You agree to pay the specified price for the product or service you purchase as listed on the Website checkout page or package prospectus at the time of submitting your order (subject of course to the proviso above, in the case of accidental errors and omissions) and at the intervals specified (if applicable, for example, if we agree to a payment plan for an individual coaching package or group coaching program).
If we agree to accept payment by instalments, you agree to pay the entire amount, even if you fail to access the product or service, in full or in part.
Prices are listed in Australian dollars (AUD) and are inclusive of GST (if applicable). Please note that you will be responsible for any foreign currency charges or conversions charged by your financial services provider.
We currently use Stripe to accept payments online. We may offer other ways to pay from time to time, such as through other third-party payment gateways or processors. You agree to pay any third-party merchant fees or charges as notified at the time of payment. In making a payment, you warrant to me that you’ve read and agreed to the terms of any other third-party payment gateway or processor we use from time to time, which are available on their websites – including at https://stripe.com/en-au/checkout/legal. You understand that these payment facilities are provided by third parties and are made available to you for convenience only. Payment details are stored by the processor in accordance with their terms. I cannot view your payment details, however we can process payments using them. I am not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider, please contact them directly.
Accuracy of account and payment information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Privacy Policy.
Failure to Make Payment
If you fail to make a scheduled payment, or if any such payment is returned or denied for any reason, we may, without prejudice to any other rights I have at law or under this agreement, suspend or cancel your access to any product or service, in our absolute discretion, unless or until payment is received. You also agree to indemnify me from and against all costs and incurred by me in pursuing overdue amounts, including payment processing charges, legal costs on a full indemnity basis and collection agency costs which we become liable to pay.
Discounts
We may offer discounts from time to time. Please note that discounts are not available in conjunction with any other offer (for example, if I have two promotions on offer at the same time, you can only apply one discount to a purchase, not both). Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made (whichever occurs first). We reserve the right to revoke any discount offer at any time without notice.
Refund Policy
If you book an individual coaching session (other than in a multi-session package) and cancel it in accordance with these terms, we will refund the session fee (less any payment processing fees). For all other products, services and circumstances (including coaching multi-session packages), we do not offer refunds otherwise than in accordance with your entitlements under the ACL. To submit a claim under the ACL, please email us at kelly@worthypsychology.com
ACCESS AND CONDUCT
Access
Once we’ve received your payment and confirmed your order, you’ll receive an email with your login details and instructions to access your product or service. You are responsible for using access details to access included content, products or services in a timely manner. I will not be responsible for any delay in accessing the content on your part.
Some psychology and all individual coaching sessions are held online. You must ensure you have a stable internet connection for the session. You are responsible for any charges you may incur from your internet provider for attending online sessions. If the call is unstable, the session will be conducted by telephone. I will call you from a private number on the mobile phone number you provided at booking. If you have any technical problems accessing a product or service, please contact us for assistance at kelly@worthypsychology.com
If you have purchased a product or service which includes access to online content (such as on-demand webinars or a Facebook community), you will have access in accordance with the scope of the product or service unless or until terminated, suspended or altered in accordance with these terms and conditions.
You will be required to register for an account to access some products and services. It is your responsibility to keep the details of your account, including username and password, strictly confidential. You will be responsible for all activity on your account, including all purchases, downloads and bookings made using your account details. We may at any time request a form of identification to verify your identity.
The duration of access will be for the period specified on the relevant sales page on the Website at the time of submitting your order. We do not offer “lifetime” access to any product or service.
Conduct
You agree to read and abide by my Community Guidelines, as updated from time to time, for the term of this agreement.
If you have purchased a product or service which includes access to any interactive platform, you must not post any comment or content that is defamatory, offensive or otherwise inappropriate, or which might bring me or my products or services into disrepute. You must not use any product or service I make available to you to harass, threaten or menace any person or send unsolicited messages. You must not gather personal information or contact information from other participants for marketing or other purposes.
You must not do anything that is unlawful, commit any breach of another person’s privacy or any other legal rights or interfere with any user. You must not tamper with our Website or any online platform we use to make products or services available to you or any content (such as by transmitting viruses or other programs).
You warrant that all information you submit to us is true and correct, to the best of your knowledge and information, and that you are the rightful owner of all intellectual property rights in such information. In addition to other rights we have if you breach this clause, we may, in our absolute discretion, delete or modify content you post, or fully or partially, temporarily or permanently restrict your ability to interact on or in relevant platforms.
Confidentiality
You agree to keep all confidential information accessed by you in the course of accessing any of our products or services strictly confidential. For the purposes of this clause, confidential information means any information concerning our or another participant affairs which is not in the public domain (other than by a breach of this clause).
If you have purchased access to a group program, you agree not to take or share screen captures of any group content (such as within a Facebook group).
You agree that if you document your participation in a group program (such as by taking a photograph of yourself participating in a group call), you will de-identity any other identifiable participant.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
General Content Disclaimer
All content (including any information, recommendations, resources, instruction or assistance we give you) is provided for educational purposes only. We have developed the content by applying due care, skill, knowledge, experience, study, research, training and professional qualifications, and believing it to be accurate and up-to-date at the time, but we don’t give any warranty of accuracy, appropriateness or reliability. We make all content available to you, however it is up to you to decide if, how and when to apply anything you learn to your own circumstances.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Worthy Psychology, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
No Medical Advice
You understand that we do not provide medical advice and our products and services are not a substitute for medical treatment. This agreement does not form a doctor-patient relationship between us.
While we employ registered psychologists, we are not providing you with counselling, therapy, clinical or treatment services through the provision of coaching products or services. You must not use any of our products or services for any diagnostic or treatment purposes.
If you are unsure or concerned about how purchasing a product or participating in a service may affect your health, you should consult your doctor prior to purchase. Any recommendations or instructions given are general in nature and are not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional advice suitable for your personal circumstances if necessary.
No Legal Advice
We do not provide legal or compliance advice as part of any of products or services (including individual coaching), or on our Website.
Any recommendations are general in nature and are not intended to constitute or substitute for legal or professional compliance advice. You understand that all such content contained in products and services is general and does not take into account your personal circumstances or situation, and as such it should not replace or be considered to replace individual consultation, supervision, or professional advice.
It is your sole responsibility to ensure ethical and regulatory compliance in your own industry and in any products and services you provide to your clients. You should seek appropriate professional advice suitable for your personal circumstances to ensure you are meeting your compliance obligations. Do not delay seeking personalised advice because of any information gathered through any of our products or services (including member-generated content).
No Reliance
We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on content contained in a product or service, unless otherwise required by law.
It is your responsibility to ensure that you can meet your own legal obligations with respect to goods and/or services you provide to your clients. To the maximum extent permitted by law, you indemnify us and hold us harmless against any and all third-party claims arising out of your or any other person’s reliance on any content (including but not limited to information, advice, documents, templates or other tools) contained in or provided by a product or service purchased from us.
Member Content Disclaimer
If you purchase a product or service which involves member interaction and contributions, you acknowledge that other persons who purchase the product or service may contribute content (such as text, videos or links to external resources) from time to time. You understand and acknowledge that I do not endorse, approve or verify member-contributed content and you should not rely on the content in any way.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Worthy Psychology and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Transfer Policy
This agreement is personal to you and you may not assign your rights and obligations under this agreement to any other person without our prior written consent, which we may withhold in our absolute discretion.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at kelly@worthypsychology.com.