These Additional Terms of Service (“Terms”) apply to all clients, or all potential clients of Well Education [ABN 82865708629] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our Website and Services form an Agreement with us (“Agreement”). “You” could be any client of ours purchasing any of our Programs or Workshops.

PROGRAMS AND WORKSHOPS WE WILL PROVIDE

Our Programs and Workshops teach you about life in general, relationships, social, emotional and mental health wellbeing. We provide various Materials to help you during the Programs and Workshops, including books, diagrams, PDFs and worksheets.

BEFORE PURCHASE

Things you must do before purchasing Programs and Workshops

You must:

  • be 18 years old or have parental consent;
  • provide complete and accurate information to us, and promptly inform us of any updates to your information; and
  • ensure you have adequate technology set up and internet access to participate in any online session;

You represent and warrant that:

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

Acknowledgements you make when purchasing on our Website

You acknowledge and agree that:

  • we cannot take into account your personal situation or your personal goals or objectives when providing the Program or Workshop. The Materials are general in nature, and we cannot guarantee that your desired outcome will be met as everybody’s circumstances, needs and expectations vary;
  • we do our best to take into account your personal situation or personal goals, but as most materials are general in nature we cannot guarantee that your desired outcome will be met as everybody’s circumstances, needs and expectations vary:
  • the Materials we provide are not a substitute for independent professional advice and any reliance on this information is at your sole risk. For example, sometimes the Materials could be classed as health “advice”. You must consider whether or not the information is appropriate to your needs. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on our information; and
  • participation in the Program and Workshops is voluntary and is always at your sole risk. You are responsible at all times for your safety and wellbeing. We are not an emergency service, and are not your doctor, counsellor, psychologist, psychiatrist, or other health professional. You must always seek proper advice from a professional regarding any diagnosis, assessment or treatment. We are not liable for any Loss or Damage suffered in connection with your participation in any Program or Workshop or your reliance on any health or medical “advice”.

You further acknowledge and agree that there may be:

  • occasional errors or omissions in Program or Workshop descriptions, prices, availability and promotions;
  • some Programs and Workshops with limited places, and some programs that are limited to certain regions or groups of people; and
  • technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software.

Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Programs or Workshops. We also cannot guarantee the results of the Programs they are dependent on your learning, actions and implementation.

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

Payments

You must:

  • pay for the Program or Workshop in cash, via a bank transfer, or any other published payment methods available;
  • make the deposit or full payment as required by us prior to commencement of the Program or Workshop as your place cannot be reserved or confirmed until payment is received; and
  • have any special offer coupons ready as they must be used at the of purchase to apply; they cannot be applied retrospectively.

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

AFTER PURCHASE

Things you must do after purchasing on our Website
You must:

  • not allow other people to use the Materials;
  • contact us by email at if you have any difficulty downloading any Materials;
  • not reproduce, duplicate, copy, sell, re-sell or exploit the or Materials in any way;
  • contact us by email at if you have any issues with the Program or Workshop and require a refund;
  • seek our prior written consent before any publication of information about us; and
  • in the case of a dispute keep all communications confidential.

Acknowledgement you make in relation to emergencies and crisis situations

You acknowledge and agree that we are not paramedics or emergency doctors, crisis counsellors, and are not readily available for these situations. If you are experiencing a crisis, you must contact an emergency service.

In some circumstances, we may need to suspend or even terminate a group session where a participant is experiencing a crisis. Where we see any risk to a participant’s safety, we will immediately terminate the session. In this event, we will reschedule the groups session to another reasonable time.  In the event that you experience a crisis during a session, we will refer you to appropriate service and you agree to seek assistance immediately.

Your commitment to the Program
To get the most benefit out of our Programs you should attend sessions consistently, actively participate and engage in the activities. You acknowledge and agree that you are solely responsible for your own success and outcomes during the Program.

Things we’d love you to do after purchasing on our Website
We’d love you to provide us with any photos, videos, testimonials and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at hello@welleducation.com.au.

OTHER MATTERS YOU SHOULD BE AWARE OF

We may change information on our Website
Except as required by law, we may at any time, and without prior notice to you:

  • change and update information including availability and promotions;
  • change prices or descriptions of our Programs and Workshops; and
  • change our range of Programs and Workshops or discontinue one.

We comply with the Australian Consumer Law
Our Programs and Workshops come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

  • to cancel this Agreement with us; and
  • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Except as required by law we do not warrant the quality of the Programs and Workshops or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer partake in part or all, of a Program, or where you fail to comply with our instructions.

If we need to cancel your order, we will provide a refund
Except as required by law, all payments are non-transferable and non-refundable. On occasion, we may cancel an Program where we are no longer able to provide it. In these or similar circumstances where we have to cancel the whole program or workshop, we will provide you with a full refund. Despite our reasonable endeavours, on occasion we may also need to change times or dates of sessions at short notice or even cancel parts of an Online Program. We will notify you as soon as possible of any changes. We do not provide refunds except as required under the Australian Consumer Law.

We can refuse your participation in our Programs at any time
We may refuse to provide our Programs to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our Website and Services, and disable your ability to purchase of our Programs and Workshops. We can also change, suspend or stop providing Programs and any Workshops at any time, for any reason, and without notifying you, unless you have already booked and paid. We are not responsible to you for any changes, or if we suspend or stop our Services.

INTELLECTUAL PROPERTY
All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use our Materials for your personal use only. This licence to use our Materials is for the duration of the Program or Workshop only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at hello@welleducation.com.au to seek consent.

RELIANCE ON ADVICE DISCLAIMER

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

LIABILITY AND INDEMNITY

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Programs or Workshops purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Programs, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, our recording of any events, and changes to dates and times of Programs.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:

  • the replacement of the Program, Workshop or the supply of equivalent services; or
  • the payment of acquiring an equivalent Program.

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

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to, where you provide incorrect information, any breach of the group session and posting rules, and any breach of our Intellectual Property Rights.

FORCE MAJEURE

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent to which our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.

IF THERE IS A DISPUTE

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our Website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

DEFINITIONS

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010.
“Agreement” means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our Website.
“Claim” means any claim, under statute, tort, contract or negligence, any demand, award or costs.
“Force Majeure Event” means any event beyond our control which prevents us from complying with our obligations under this Agreement, including, but not limited to, a pandemic, act of God, such as fires, earthquakes, floods, war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failures, changes to regulations, weather events, travel limitations, and venue closures.
“Intellectual Property Rights” means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including, but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
“Materials” means any of our Materials and any and all Program materials, and anything provided to you during any program or any workshop.
“Moral Rights” means any moral rights as defined under the Copyright Act 1968.
“Program” means all programs and workshops we offer whether in person or online and includes all Materials.
“We, us, or our” means Laura Collison t/as Well Education [ABN 82865708629] and includes any of our employees, agents, partners, contractors.
“Website and Services means www.welleducation.com.au, and everything available on this website including, but not limited to, all Online Programs.