Terms and Conditions
Heal Your Health – Holistic Health Course
Introduction
1. Thank you for purchasing Heal Your Health (Course), owned and provided by Heal Your Health Pty Ltd (ABN 99 674 371 834) (The Company, we, us, our).
2. By purchasing the Course, you (the purchaser, in your individual capacity or on behalf of a company or other legal entity) agree to be bound by these terms and conditions as set out below (terms). Please read these terms carefully before finalising your purchase, as they will become legally binding on you and us once your purchase is complete.
3. In the event that you are purchasing this Course on behalf of a company or other legal entity,
you represent and warrant to us that you have the authority to purchase the Course and agree
to these terms on its behalf.
Incorporation of Website Terms of Use & Privacy Policy
4. These terms include and incorporate our Website Terms of Use
(www.healyourhealth.com.au/terms) and Privacy Policy
(www.healyourhealth.com.au/privacypolicy), as if they are set out below.
Course Inclusions
5. By purchasing the Course, you are purchasing a digital product comprised of the Course Inclusions in accordance with these terms.
6. By purchasing the Course, you will be purchasing and receiving the following products:
(a) 14 pre-recorded modules delivered over 14 weeks.
(b) 35 course videos.
(c) 87 combined reading materials and worksheets.
(d) 12 quizzes.
(e) Access to the Course for a period of 12 months from the date of your purchase.
(Course Inclusions)
Nature of Relationship
7. The Course is a holistic health coaching Course. It is intended to teach and educate about holistic health principles, to inspire the development of goals, ideas and changes related to the improvement of your lifestyle, health, and overall wellbeing. You agree that the implementation and success and improvements of those factors are at your own risk and ultimately your responsibility.
8. You acknowledge and agree:
(a) The Course is not intended to, and we and our Representatives do not, provide assistance with diagnosis, treatment or management of diseases or illnesses. You must seek medical assistance from relevantly qualified professionals.
(b) Any conclusions or conclusive statements made in the Course are opinions only, and not to be taken as conclusive fact or finding. You are responsible for investigating, researching further, discussing with your healthcare provider or relevantly qualified medical or other professionals, and determining whether you are agree and/or align with any of the conclusions made in the Course.
(c) Part of the Course may involve educational content, statements, conclusions or information around health or other personal and well-being management, and:
(i) those parts of the Course and any information exchanged is not intended to, and does not, substitute or replace discussions and consultations with relevant professionals, healthcare professionals, or diagnose or replace any professional treatment or management of any particular existing condition irrespective of whether the Company and/or its Representatives (whether conveying that information or not) hold qualifications in any medical field (such as Nursing, Midwifery, medicine, psychology etc.); and
(ii) all decisions about any treatment and management of any condition must be made by you with their your medical or healthcare provider, at your own risk.
(d) Part of the Course may involve educational content, statements, conclusions or information surrounding finances and finance management, and:
(i) those parts of the Course and any information exchanged is not intended to, and does not, substitute or replace discussions and consultations with relevant professionals, including but not limited to accountants, solicitors, financial advisors, or replace any professional advice previously received by you; and
(ii) all decisions about the your finances, budgeting, financial performance, and other related decisions, whether in respect of the you personally or your business or investments, must be made by the you with your relevant professional financial and legal advisors, at the your own risk.
(e) Part of the Course may involve discussions surrounding your education, career and work life, and:
(i) those parts of the Course and any information exchanged is not intended to, and does not, substitute or replace discussions and consultations with relevant professionals, including but not limited to recruiters, huma resource and employment specialists, solicitors, educational institutions, or other specialist advisors in these fields, or replace any professional advice
previously received by you; and
(ii) all decisions about your employment, workplace, career, education, and other related decisions must be made by you with your relevant professional advisors, at your own risk.
9. You release the Company and its Representatives from any and all liability arising from or in connection with information shared by, or discussions held with, the Company and/or its Representatives, including in respect of physical and/or mental wellbeing, health, lifestyle, career, finance management (whether personal or business), and/or financial performance (whether personal or business).
10. You agree it is your responsibility to seek professional advice where needed, and ensure that any other health professionals you are consulting are informed of the lifestyle changes you intend on implementing as a result of the Course or working with us.
11. Nothing in these terms, or the Course, creates or is intended to create a relationship of doctor/patient, psychologist/patient, psychiatrist/patient, employer/employee, principal and agent, partnership or joint venture, or any other relationship which would infer any patient privilege or fiduciary obligations between you and us.
Pricing & Payment
12. The Course can be paid for in the following ways:
(a) In full; or
(b) In three equal monthly instalments.
13. In the event that you elect to pay the purchase price in instalments:
(a) An administrative fee of $150.00 shall apply in addition to the advertised one off purchase price, and added to your total at checkout.
(b) The first instalment shall be a deposit (Deposit) and is non-refundable.
(c) Any subsequent payment is non-refundable.
(d) If payment of an instalment (second or third instalment, as applicable) is not received by us as and when it falls due, we may, in our absolute discretion:
(i) retain any money paid by you to us and apply it to the outstanding amount of the purchase price payable by you (as applicable and in addition to the Deposit);
(ii) apply interest at the Default Rate per annum, calculated on a daily basis from the due date until paid in full, to any outstanding amounts, which you must pay to us on top of the principal amount owed; and/or
(iii) remove your access to and/or restrict or prohibit your participation in the Course until all outstanding amounts are paid in full.
(e) You release us from any liability arising from us taking any of the above steps and agree that by properly taking those steps we are not in breach of these terms.
14. The purchase price you have paid at checkout relates only to the Course Inclusions, and not any Course bonuses (as advertised and applicable from time to time). As such, any failure on our part to provide advertised Course bonuses, or if we modify or amend them from time to time, will not constitute a breach of these terms.
15. In the event that you request additional products or services from us, whether relating to the Course or not, or to modify or extend any part or all of the Course, we will provide you with a separate estimate of fees for the further or modified services, for your approval and payment,
and these terms will continue to apply to those services unless specified otherwise.
16. All amounts payable for the purchase of the Course must be paid without set-off, deduction, withholding, or otherwise any claim (unless required by law).
17. If you are required by law to make a deduction or withholding in respect of any sum payable towards the purchase of the Course, you must make an additional payment to us equal to the sum necessary to ensure that the amount received by us will equal the full amount payable to
at the time of purchase.
18. All amounts payable by you to us are inclusive of GST.
Refunds
19. As the Course is provided digitally, immediately on purchase, except as expressly provided otherwise in these terms and required under the Australian Consumer Law, all amounts paid are non-refundable.
20. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the
following remedies (the choice of which is to be at the Company's sole discretion):
(a) in the case of goods, to any of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
21. Where you breach any of these terms, we may in our absolute discretion take one or a combination of any of the following:
(a) remove your access to and/or restrict or prohibit your participation in the Course; and
(b) retain any money paid by you.
22. Where an event occurs which results in us not being able to fulfill our obligations under these terms, you agree that our liability to you is limited to the fullest extent permitted at law to a refund of the money paid by you to us for the purchase of the Course.
Breach & Dispute Resolution
23. In the event of a breach, any dispute or any disagreement arising out of or in connection with these terms, and before commencing any legal action or other formal dispute resolution proceedings (but not including an Event of Default in respect of you):
(a) the party alleging the breach, dispute or disagreement (Disputing Party) must notify the other party (Responding Party) in writing within 5 Business Days of the alleged breach, dispute or disagreement arising, of:
(i) what they perceive to be the substance of the breach, dispute or disagreement;
(ii) if applicable, which clause or clauses of these terms have been breached or are subject of the dispute or disagreement; and
(iii) what they propose as a resolution.
(Dispute Notice)
24. Within 5 Business Days of receiving the Dispute Notice, the Responding Party must provide a written response to each of the matters raised in the Dispute Notice and set out their proposed resolution.
25. The parties must negotiate and discuss possible resolutions in good faith.
26. In the event that the dispute remains unresolved after 28 days of the Dispute Notice being issued:
(a) the party issuing the Dispute Notice must refer the matter to the President of the Queensland Law Society and seek the appointment of a mediator, for the purpose of progressing the dispute to a mediation (including doing all things, taking all steps and making all payments necessary to progress the complaint to a mediation).
(b) The parties must cooperate in good faith and do all things necessary (including sign and submit any paperwork and make any payments), to the best of their ability, required by the appointed mediator to progress the matter to a mediation in Queensland.
(c) You agree to pay our legal, mediation and other costs (on a full indemnity basis, including solicitor-client costs) associated with any dispute arising out of or in connection with these terms and compliance with the dispute resolution process in these terms.
27. In the event that the mediator appointed in accordance with clause 26 of these termsrequires us to make any payments to progress the dispute to a mediation, we shall make those payments and you must, as an independent obligation, reimburse us, on demand, for all costs
paid by us in accordance with the direction of the mediator.
28. Without limiting either party’s right to seek urgent injunctive or declaratory relief, neither party may commence court proceedings in any jurisdiction until this clause has been complied with and the mediation process is complete.
29. The dispute resolution process obligations under these terms survive the termination or conclusion of these terms.
30. You agree to receive notices under this clause and otherwise under these terms to the email address entered on our website at the time of purchasing the Course.
Limitation of Liability & Indemnity
31. Australian Law may confer rights, warranties and guarantees and remedies relating to the provision of the Course which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law and other statutes. At no time are these statutory rights which cannot be excluded, sought to be excluded.
32. You agree we are not liable for any loss or damage whether direct, indirect or consequential which you may suffer in reliance directly or indirectly on all or any part of the Course.
33. You indemnify and hold us harmless from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against us in respect of any loss, death, injury, illness or damage (whether personal o property and including reasonable legal fees and expenses) in connection with your participation in the Course.
34. You agree to indemnify us for any costs we may incur in connection with the enforcement of our rights under these terms (including all legal fees on a solicitor-client basis, court fees, and all other expenses incurred in connection with these terms).
35. Our liability is governed by these terms and conditions, and any other conditions or warranties which may be implied by custom, law or statute are expressly excluded to the fullest extent permitted by law.
36. You release us from any and all liability in respect of:
(a) Our failure to provide any part of the Course which is to be provided by third parties (such as guest coaches or other participants);
(b) the information, recommendations, opinions, advice shared by third parties within the Course (such as guest coaches and/or other participants); and
(c) your implementation or reliance on any advice, opinion, recommendation, information shared by third parties participating in the Course (such as guest coaches and/or other participants), and any direct or indirect results arising from that reliance or implementation.
37. Our liability is limited at all times to the amount of the last invoice paid by you.
38. To the maximum extent permitted by law, we expressly exclude liability for any damage and/or delay in the performance of any obligation pursuant to these terms where such damage or delay is caused by circumstances beyond our reasonable control.
Warranties & Acknowledgements
39. You represent and warrant that you:
(a) are over 18 years of age;
(b) will provide all relevant information required for us to provide you with the products and services forming part of the Course;
(c) have the legal capacity to enter into a legally binding contract;
(d) have read these terms;
(e) agree to the terms; and
(f) will comply with these terms.
40. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card.
41. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times.
42. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the Course, without refund.
43. When making payments to us, you warrant that you have read the terms and conditions of any third party payment gateway provider or credit provider (i.e. Paypal, Square, Stripe, Wix) which are available on the credit provider's website.
44. You acknowledge and agree that:
(a) You are solely responsible for creating and implementing your own decisions, choices, actions and results.
(b) Performance, progress, results and improvement of your wellbeing is your responsibility.
(c) We are not and will not be liable or responsible for any action or inaction, or for any direct or indirect result of any action taken or decision made by you as a result of the Course.
(d) We may offer opinion regarding your lifestyle choices but it is your responsibility to make final decisions and choose the best option for yourself.
(e) It is your responsibility to ensure that you have the facilities necessary, and take the necessary steps, to receive and use the Course.
Confidentiality
45. We agree to take all reasonable steps to maintain all information and documentation received from you (whether oral, hardcopy or softcopy) confidential unless disclosure is authorised in writing by you, otherwise required by law, or in accordance with these terms.
46. You acknowledge that the information and documentation provided during the course of the Course is not covered by any patient-client, legal privilege or other privilege, and may be provided to our employees, agents, representatives and associates who have a need to view the information in the proper and usual course of our business.
47. Confidential information does not include information which:
(a) was in our possession prior to your purchase of the Course;
(b) is or becomes generally known to the public;
(c) is provided to us by a third party;
(d) we are required to disclose by law or Court order;
(e) is disclosed to us and we reasonably believe there to be an imminent or likely risk of danger or harm to you or others; and
(f) involves illegal activity.
48. You agree to maintain all information, documents, resources provided or disclosed by us, relating to the services, our business or personal affairs of our employees, agents, representatives or associates, confidential and must not share, sell, reproduce or use for any purpose other than as authorised, without our prior authorisation.
49. In the event that we or you become aware of any potential breach of confidentiality, we must notify each other as soon as reasonably practical and take steps to remedy any breaches.
50. Nothing in these terms prevents us from disclosing non-confidential information of the nature specified in these terms to third parties.
51. You:
(a) authorise us to:
(i) use feedback and positive testimonials, provided in any manner, for advertising and promotional business purposes on public platforms; and
(ii) disclose your identity and that you are a customer of the Company, with prior permission, on public platforms.
(b) Agree that at no time will compensation be provided to you for any such use or disclosure and that disclosures made in accordance with this clause shall not be in breach of confidentiality obligations otherwise set out in these terms.
Non-Disparagement
52. You must not:
(a) communicate in any way (directly or indirectly, in any capacity or manner) any statement of any kind (whether verbal, in writing, electronically transferred or otherwise) that might be critical of, or derogatory or negative towards, us or any other party included in the Course; or
(b) cause, encourage or permit any other person to do so.
Intellectual Property & Copyright
53. For the purpose of these terms, “Intellectual Property” means any materials, analyses, processes, discussions, patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how, trade secrets and marketing secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world, which is provided or may
be developed as a result of or during the Course.
54. We will share with you Intellectual Property owned by us through the Course. Your participation in the Course, and our sharing of the Intellectual Property with you, does not grant or transfer any rights, title or interest to you in relation to the Intellectual Property.
55. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever Intellectual Property, in whole or in part without our prior written consent. We reserve the right to immediately remove your access to the Course and related member groups, without refund, if you violate these terms.
56. As parts of the Course may be made available to you electronically and for replay, we grant you a limited, personal, non-exclusive, non-transferable license to use the Course recordings for your own personal use. You acknowledge and agree that you have no right to change, edit, duplicate, reproduce, create derivative works of, reverse engineer, alter, sell, enhance or in any way exploit any of the recordings in any manner.
57. You will not remove any copyright notice from any digital product provided as part of the Course and doing so will be deemed an infringement of our intellectual property rights.
58. No Intellectual Property may be reproduced or used for any purpose other than your private use, as intended by the Course.
Non-Solicitation
59. For the purposes of this clause, Term means:
(a) 2 years; or (if that term is held to be invalid)
(b) 1 year; or (if that term is held to be invalid)
(c) 6 months.
60. For the length of the Term, you must not without our prior consent (which may be withheld in its absolute discretion), after the conclusion of the Course, directly or indirectly:
(a) interfere with or disrupt, or attempt to interfere with or disrupt, any relationship between us and our clients, suppliers, distributors or joint venture partners, or identified prospective suppliers, distributors or joint venture partners; or
(b) induce, encourage or solicit any of our clients, officers, employees, contractors or agents to cease their employment, engagement or agency with it.
61. You acknowledge and agree that:
(a) the restraints in clause 51 constitute several separate covenants and restraints consisting of each of clauses 51(a) and (b) combined with each separate Term, following the conclusion of the Course;
(b) each of those separate covenants and restraints is a fair and reasonable restraint of trade that goes no further than is reasonably necessary to protect our goodwill and business;
(c) you have received substantial and valuable consideration for each of those separate covenants and restraints, including your access to the Course Inclusions; and
(d) breach by you of any of those separate covenants and restraints would be unfair and calculated to damage our goodwill and business and would lead to substantial loss to us.
62. The parties intend the covenants and restraints under clause 51 to operate to the maximum extent. If any of those separate covenants and restraints would, in the absence of this clause 53, be void as unreasonable for the protection of our interests but would not be so void if any
part of the wording in this clause 51 was deleted or amended, the separate covenants and restraints will apply with the modifications necessary to make them effective.
Notices
63. Unless otherwise stated in these terms, a notice given to a party under or in connection with these terms must be:
(a) in writing in English;
(b) sent to the address or email address of the relevant party as entered (in the case of the purchase) or stated (in the case of the Company) on the website (or such other address email address as the relevant party may notify to the other party from time
to time); and
(c) delivered/sent either:
(i) personally;
(ii) if the notice is to be served by post outside the country from which it is sent, by airmail; or
(iii) by e-mail.
64. A notice is deemed to have been received:
(a) if delivered personally, at the time of delivery;
(b) if sent by airmail, five days after the date of posting; or
(c) if sent by e-mail, 4 hours after the sent time (as recorded on the sender’s e-mail server), unless the sender receives a notice from the party’s email server or internet service provider that the message has not been delivered to the party, except that, if such deemed receipt is not within business hours (meaning 9:00 am to 5:30 pm on a Business Day), the notice will be deemed to have been received at the next
commencement of business hours in the place of deemed receipt.
65. To prove service, it is sufficient to prove that:
(a) in the case of airmail – that the envelope containing the notice was properly addressed and posted;
(b) in the case of email – the email was transmitted to the party’s email server or internet service provider.
Waiver
66. No failure, delay or indulgence by a party in exercising any power or right conferred upon it under these terms will operate as a waiver of that power or right.
67. No single or partial exercise of any power or right precludes any other or future exercise of it, or the exercise of any other power or right under these terms.
Assignment
68. You must not assign or otherwise transfer, create any charge, trust or other interest in, or otherwise deal in any other way with, any of your rights under these terms without our prior written consent. We may assign our rights under these terms at any time, with notice to you.
Amendment
69. You agree to be bound by these terms as at present and varied by us from time to time.
Severability
70. If any part of these terms is deemed invalid or unenforceable:
(a) that provision may be severed to the extent of the invalidity or unenforceability; and
(b) the remaining provisions of these terms remain unaffected, valid and enforceable.
Governing Law
71. Any disputes or claims arising out of or in connection with the Course or these terms (including non-contractual disputes or claims) are governed by, and shall be construed in accordance with, the laws of Queensland, Australia.
72. You irrevocably agree that the courts of Queensland, Australia have exclusive jurisdiction to deal with and settle any dispute or claim that arises out of, or in connection with, the Course and/or these terms, or its subject matter or formation (including non-contractual disputes or
claims).
Entire Agreement
73. These terms contain the entire understanding between you and us in relation to Course and supersede any previous arrangement, understanding or agreement relating to its subject matter.
74. No express or implied conditions, warranties, promises, representations or obligations, written or oral, apply in relation to the Course or these terms, other than those expressly stated in it or implied at statute.
75. Your purchase of the Course constitutes acceptance of these terms and you acknowledge they will become legally binding on you and us.
Definitions
76. The following definitions apply unless the context requires or these terms state otherwise:
Business Day means a day (other than a Saturday, Sunday or public holiday) when banks in
Queensland are open for business.
Claim means any claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse (whether in contract, tort, under statute or otherwise).
Default Rate means a rate of interest of 10.00% per annum.
Event of Default means any of the following on your part:
(a) committing any material or persistent breach of these terms;
(b) repudiating or, or, in our reasonable opinion, evincing an intention to repudiate, these
terms;
(c) misleading us in any material way; and/or
(d) an Insolvency Event occurring in respect of you.
Insolvency Event means, in respect of a party:
(a) where the party is an individual, that party commits an act of bankruptcy or is declared bankrupt or insolvent or that party’s estate otherwise becomes liable to be dealt with under any law relating to bankruptcy or insolvency;
(b) where the party is a company, a resolution is passed or court order made for the winding up of that party or an administrator is appointed to that party pursuant to any relevant law;
(c) a receiver or manager or receiver and manager is appointed to the assets or undertaking of the party or any part thereof; or
(d) the party is otherwise unable to pay its debts as and when they fall due.
Representatives means, in respect of a person, the employees, officers, consultants, agents and professional advisers of that person.
Interpretation
77. The following rules of interpretation apply to these terms unless the context requires otherwise:
(a) headings are for convenience only and do not affect its interpretation or construction;
(b) no rule of construction applies to the disadvantage of a party because these terms are prepared by (or on behalf of) that party;
(c) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
(d) a reference to a document (including these terms) is a reference to that document (including any schedules and annexures) as amended, consolidated, supplemented, novated or replaced;
(e) references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to these terms;
(f) a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
(g) an expression importing a natural person includes any individual, corporation or other body corporate, partnership, trust or association and any Governmental Agency and that person’s personal representatives, successors, permitted assigns, substitutes, executors and administrators;
(h) a reference to writing includes any communication sent by post or email;
(i) a reference to time refers to time in Queensland and time is of the essence;
(j) all monetary amounts are in Australian currency;
(k) a reference to a “liability” includes a present, prospective, future or contingent
liability;
(l) the word “month” means calendar month and the word “year” means 12 calendar
months;
(m) the meaning of general words is not limited by specific examples introduced by “include”, “includes”, “including”, “for example”, “in particular”, “such as” or similar expressions;
(n) a reference to a “party” is a reference to a party to these terms and a reference to a “third party” is a reference to a person that is not a party to these terms;
(o) a reference to any thing is a reference to the whole and each part of it;
(p) a reference to a group of persons is a reference to all of them collectively and to each of them individually;
(q) words in the singular include the plural and vice versa; and
(r) a reference to one gender includes a reference to the other genders.
These Terms and Conditions were prepared by ND Legal Pty Ltd. ND Legal Pty Ltd holds the copyright and IP in this document. Copying, sharing, redistributing, reselling is strictly prohibited and in breach of ND Legal Pty Ltd’s intellectual property rights.
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