Website Terms and Conditions of Use
1. About the Website
1.1 Welcome to caitwotherspoon.com.au (the ‘Website‘). The Website provides you with an opportunity to browse and purchase an online course (the ‘Course’), physical products (Physical Products) and Eproducts (Eproducts) (collectively the ‘Products’) as well as book counselling services (Counselling Services) that have been listed on the Website. The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).
1.2 The Website is operated by Cait Wotherspoon (abn: 807 239 808 20) (‘Cait Wotherspoon’). Access to and use of the Website, or any of its associated Products and Counselling Services are provided by Cait Wotherspoon. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3 Cait Wotherspoon reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Cait Wotherspoon updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Cait Wotherspoon in the user interface.
3. Bookings and Cancellations for Counselling Services
3.1 Cait Wotherspoon requires all bookings for the Counselling Services to be made via the booking system provided (the ‘Booking System’).
3.3 Once you have made a booking for the Counselling Services, you will be required to make payment of the purchase price (Purchase Price) via Paypal or other payment method as advised from time to time. Payment of the Purchase Price must be made prior to 72 hours before your booking or your booking will be automatically cancelled.
3.4 You must notify Cait Wotherspoon of an intention to cancel the Counselling Services as soon as practicable through e-mail to email@example.com or telephone to 0434 865 429 and abide by the following (‘Cancellation Policy’).
3.5 Cait Wotherspoon understands that things change, and therefore if you need to make a request to alter your booking time you agree to provide at least 24 hours’ notice. Unfortunately, if you have to make changes within 24 hours of your scheduled session, you will forfeit the booking, and the Purchase Price involved.
4. Purchase of Products (Eproducts, Course, Physical Products)
4.1 In using the Purchase Services to purchase the Products through the Website, you will agree to the payment of the Purchase Price listed on the Website for the Products.
4.2 Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (the ‘Payment Gateway Providers‘).
4.4 Following payment of the Purchase Price being confirmed by Cait Wotherspoon, you will be issued with a receipt to confirm that the payment has been received and Cait Wotherspoon may record your purchase details for future use.
4.5 You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
4.6 Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
5. Refunds and Returns
- You must notify Cait Wotherspoon of an intention to cancel your involvement in the Course as soon as practicable through e-mail to firstname.lastname@example.org and abide by the following (‘Cancellation Policy’).
- The Course is non-refundable. This means that if you wish to terminate the Course, early, all unpaid amounts of the Purchase Price are non-refundable.
- For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Course early, Cait Wotherspoon reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Course will be revoked.
- In the event that any payment is not made in full on the due date, Cait Wotherspoon is entitled to charge you interest at the rate of 5% per annum, calculated daily.
- You agree that if you default on any payments due and payable under these Terms, any costs incurred by Cait Wotherspoon for steps taken to enforce payment terms will be recoverable and payable by you.
- Cait Wotherspoon will only provide you with a refund of the Purchase Price in the event that Cait Wotherspoon is unable to continue to provide the Course (the ‘Refund‘).
5.2 Physical Products and Eproducts
- Cait Wotherspoon does not provide change of mind refunds. Please keep this in mind when making a purchase.
6. Course Delivery and Licence Information
6.1 Each purchase of the Course grants to you access to the program through the platform provided (the ‘Membership Portal’).
6.2 When you purchase the Course, Cait Wotherspoon grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘Licence’).
6.3 The Licence is valid for the term of the Course only (‘Licence Term’). This means the Course will be viewable via the download link for the Licence Term only. After this time the Course will expire and you will no longer be able to access the Course.
6.4 The Course is intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Course materials, booklets, and access to any other aspect of the Course.
7. Delivery of Physical Products
7.1 You acknowledge that the Purchase Services offered by Cait Wotherspoon integrate delivery (the ‘Delivery Services‘) through the use of third party delivery companies (the ‘Delivery Service Providers‘).
7.2 In providing the Purchase Services, Cait Wotherspoon may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Cait Wotherspoon is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
7.3 In the event that an item is lost or damaged in the course of the Delivery Services, Cait Wotherspoon asks that you:
- contact the Delivery Service Provider directly within 7 days to request a refund; and
- contact Cait Wotherspoon within 7 days by sending an email to email@example.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
8. Delivery of Eproducts
8.1 Eproducts are delivered as links to download sent via email following purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact firstname.lastname@example.org.
8.2 Cait Wotherspoon will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Eproduct.
9.1 Physical Products/Eproducts
- Cait Wotherspoon’ Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘). A major failure with a product under Australian Consumer Law includes but is not limited to where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
- If you have received a Physical Product or Eproduct that you believe is faulty or defective, please contact email@example.com with photographic proof.
9.2 Course and Counselling Services
- Cait Wotherspoon will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Cait Wotherspoon makes no warranty that the Course will meet your requirements or that all clients will achieve the same results.
- The services do 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 Cait Wotherspoon, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
10. Products Disclaimer
You are solely responsible for creating and implementing your own mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from your use of the Products. As such, you agree that Cait Wotherspoon is not and will not be liable or responsible for any actions or inaction, including effects on your personal life or for any direct or indirect result of any Products provided by Cait Wotherspoon.
11. Counselling Services Disclaimer
11.1 Cait Wotherspoon will maintain counselling standards established by the Australian Counselling Association (ACA).
11.2 You agree that when you purchase the Counselling Services, you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Cait Wotherspoon’s relationship with you, its educational materials and interactions with you. As such, you agree that Cait Wotherspoon is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Counselling Services it provides.
11.3 You understand that the Counselling Services are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Counselling Services are not to be used as a substitute for professional psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.
11.4 You agree to release and discharge Cait Wotherspoon from and against all claims arising out of or in connection with provision of the Counselling Services and any techniques employed. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received a Counselling Service from Cait Wotherspoon
12. Information Disclaimer
12.1 Any information, advice, content or documentation provided on the Website, through the Counselling Services or within Products, social media accounts, blog or on any other related platform do not constitute professional advice, and are provided for general information and guidance purposes only.
12.2 All care is taken in the preparation of the information and published materials on the Website, through the Counselling Services or within Products, social media accounts, blog, or on any other related platform. Cait Wotherspoon does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
12.3 To the extent permissible by law, Cait Wotherspoon will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Counselling Services or within Products, social media accounts, blog, or on any other related platform.
13. Copyright and Intellectual Property
- You acknowledge that the Website, the Purchase Services, the Course content, Cait Wotherspoon’ name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Cait Wotherspoon or its affiliates, licensors, or suppliers whether displayed on the Website, social media accounts, blog or on any other related platform (‘the Content’).
- You hereby indemnify and agrees to keep indemnified Cait Wotherspoon against all liability, losses or expenses incurred by Cait Wotherspoon in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Cait Wotherspoon or any third party by you or your agents.
- You may not, without the prior written permission of Cait Wotherspoon and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
- For any services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Cait Wotherspoon, Cait Wotherspoon grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific services, and any related software, content, equipment or other materials for your specific, non-commercial use only.
15. General Disclaimer
15.1 You acknowledge that Cait Wotherspoon does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products and Counselling Services other than provided for pursuant to these Terms.
15.2 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
15.3 Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- Cait Wotherspoon will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
15.4 Use of the Website, the Purchase Services, and any of the Products and Counselling Services of Cait Wotherspoon is at your own risk. Everything on the Website, the Purchase Services, and the Products of Cait Wotherspoon, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Cait Wotherspoon make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Cait Wotherspoon) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Services;
- the Content or operation in respect to links which are provided for your convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
16. User Generated Content
16.1. If you choose to contribute any content to the Website or any other platform operated by Cait Wotherspoon, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).
16.2 By contributing content to the Website, you grant Cait Wotherspoon a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Cait Wotherspoon.
16.3 Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Cait Wotherspoon can use that information with your User Content for advertising and promotional purposes, or any other business purpose
16.4 You confirm you own or have the right to use any copyright material included in Your Content (including replies to Cait Wotherspoon social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Cait Wotherspoon. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
16.5 Please ensure you keep your own copies of Your Content as Cait Wotherspoon may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
16.6 Cait Wotherspoon will endeavour to provide you with an appropriate credit when using Your Content on Cait Wotherspoon platforms, though you understand and agree this may not always be possible.
16.7 Cait Wotherspoon reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
17. Limitation of Liability
17.1 Cait Wotherspoon’ total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Cait Wotherspoon is the resupply of information or Purchase Services to you.
17.2 You expressly understand and agree that Cait Wotherspoon, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
17.3 Cait Wotherspoon is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Cait Wotherspoon, by third parties or by any of the Purchase Services offered by Cait Wotherspoon.
18.1 You agree to indemnify Cait Wotherspoon, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
19. Venue and Jurisdiction
The Purchase Services offered by Cait Wotherspoon is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
20. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
21. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.