Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to awakepsychology.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and awakepsychology.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that awakepsychology.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), awakepsychology.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
All prices listed on the website are in Australian Dollars (AUD) and all orders are processed in Australian Dollars (AUD). If you are outside of Australia, your bank may charge you a fee to transact in Australian Dollars.
When purchasing from within Australia, 10% GST may apply to your order. GST does not apply for orders from outside of Australia.
GST is applicable to online courses, meditation downloads, supervision for professional development (not for ‘entry to the profession’), mentoring and some coaching (if not related to physical or psychological wellbeing).
Services considered to be GST-free are those that are considered ‘appropriate treatment’ to ‘preserve, restore or improve the patients’ physical or psychological wellbeing,’ including ‘preventative services, ongoing management and cure.’ This may include counselling, group therapy and some coaching (if related to physical or psychological wellbeing). Supervision sessions that are required for ‘entry to the profession’ are also GST-free.
All products (including but not limited to online courses and meditation downloads) listed on this website include GST when purchased in Australia and do not include GST when purchased outside of Australia. If GST applies to services listed on this website (including but not limited to coaching, mentoring, supervision and report writing), GST is not included in the listed price.
GST information in this section is quoted from the Goods and Services Tax (GST) Business Skills for Psychologists (July 2000) Australian Psychological Society www.psychology.org.au.
DELIVERY OF GOODS
Digital goods are delivered immediately or as clearly described when purchased. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
The information contained in the contents of all online products (including but not limited to online courses, eBooks and audio products) sold at awakepsychology.com.au are for informational purposes only and are not a substitute for professional psychological or medical advice, diagnosis, or treatment. Always seek the advice of a qualified health care provider with any questions you have. Awake Psychology’ associates, contractors and employees are not responsible for adverse effects resulting from your use or reliance on any information contained in any online product.
The team at Awake Psychology have done their very best to select practices and teachings that are safe to share in an online environment, and they have included information about when it might not be a good idea to practice them; however they cannot and do not know your specific needs and situation.
Please listen to your body and your intuition, and only try the practices you feel comfortable with. Please take care of your self, and take responsibility for your own safety and psychological well being.
If you have a current illness or injury, are pregnant, or if you’re recovering from surgery, please talk to your doctor or health care professional before you try any of the practices.
By taking part in a course or purchasing a product on this website you acknowledge that your health and safety is your own responsibility, and that you will make choices that are safe for you.
RETURNS AND REFUNDS
Please choose your online purchases carefully, as no refunds, credits of transfers are available for online products (including but not limited to online courses, coaching sessions purchased at the same time as an online course, eBooks and audio products).
LINKS TO OTHER WEBSITES
awakepsychology.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between awakepsychology.com.au and the owners of those websites. awakepsychology.com.au takes no responsibility for any of the content found on the linked websites.
awakepsychology.com.au’s website may contain information or advertisements provided by third parties for which awakepsychology.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
DISCLAIMER – GENERAL
To the fullest extent permitted by law, awakepsychology.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. awakepsychology.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of awakepsychology.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
DISCLAIMER – MEDICAL / PSYCHOLOGICAL
The information on this website is not meant to be substitute for medical / psychological advice from your doctor or health care provider. We make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in this website.
You should never disregard medical / psychological advice or delay seeking it because of a statement you have read or heard on this website. awakepsychology.com.au should not be used in lieu of advice given by qualified medical professionals, such as your doctor or psychologist.
By using this website, you acknowledge that your health and safety is your own responsibility, and that you will make choices that are safe for you.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. awakepsychology.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data awakepsychology.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
awakepsychology.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSURE YOUR INFORMATION
awakepsychology.com.au may be required, in certain circumstances, to disclose information in good faith and where awakepsychology.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of awakepsychology.com.au. awakepsychology.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then awakepsychology.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. awakepsychology.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
awakepsychology.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and awakepsychology.com.au concerning your use and access to awakepsychology.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
The information contained in the website is provided for informational purposes only and is not meant to substitute for the advice provided by your therapist, teacher, doctor or other health care professional. You should not use the information available on awakepsychology.com.au website for diagnosing or treating a health problem.
By using our services, you agree that awakepsychology.com.au is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold awakepsychology.com.au liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by awakepsychology.com.au.
All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and awakepsychology.com.au takes no responsibility for your actions, choices or decisions.
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and awakepsychology.com.au that results in litigation then you must submit to the jurisdiction of the courts of NSW.