Users of our Site or Services must be 18 years of age or older, and by using the Site or Services you warrant that you are at least 18 years of age.
2. Scope of our Services
All content on our Site is for informational and educational purposes only. Any statements made on our Site or in our Services are not subject to evaluation by any other agencies. We are not health service providers, psychologists or counsellors. None of the content or products offered on our Site are meant to diagnose, treat, alleviate or relieve any mental health condition. If you or someone you know is suffering a mental health condition, anxiety or depression, you should seek medical advice from a physician or other healthcare professional.
3. Use of Our Services
We make our Services available to you through our Site. When you use our Site or Services (including the downloading of any Program), we grant you a personal, non-exclusive, revocable, limited license to use the relevant Service and access our Site. This means you may not re-sell our Services anywhere else or use for any commercial purpose, share your license to use our Services with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Services (“Licence”).
Restrictions on your use of our Site and Services
You agree you will not use our Site or Services to:
• copy, distribute or disclose any part of our Site or Services in any medium, including without limitation by any automated or non-automated “scraping”, unless you have received our prior written permission;
• attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
• take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• collect or harvest any personally identifiable information, including account names, from our Site or Services (including our social media pages);
• engage in any behavior that would reasonably be considered to constitute harassment or bullying of another individual who uses our Site or Services (including our social media pages);
• upload, post, transmit or otherwise make available any material to our Site or social media pages that:
a) is not your original work, or which may infringe the intellectual property or other rights of another person;
b) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
c) includes an image or personal information of another person unless you have their consent;
d) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
e) contains large amounts of untargeted, unwanted or repetitive content; or
f) contains financial, legal, medical or other professional advice.
• impersonate any person or entity or misrepresent your affiliation with a person or entity;
• violate any requirements, procedures, policies or regulations of networks connected to our Site or Services
• Interfere with or disrupt the Site or Service;
• hack, spam or phish us or other users;
• use our Site or social media pages to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
• cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a third party’s website, such as by requesting its removal from a search engine; nor
• upload any content to our Site or social media pages that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
You agree to provide truthful and accurate content.
If you believe that a user has breached any of the above conditions, please contact us at email@example.com.
We reserve the right to refuse service, block or suspend any user of our Site or Services or social media pages, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without prior notice.
We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Site or our social media pages by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
4. Service Changes and Availability
We reserve the right to alter, update, or remove any of our Services at any time. We may modify our Services for any security reason, in our discretion. We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone.
5. Intellectual Property Rights
By uploading, transmitting, posting or otherwise making available any material on a Site and any associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.
If you wish to feature or reproduce any of our recipes or images, or for commercial use, publication and general distribution you should contact us for permission first at firstname.lastname@example.org.
6. Linking and Third Party Content
You must not frame, reformat, replicate or mirror any part of the Site or use any data mining robots or other extraction tools in relation to the Site, without our prior written authorisation.
You may link to our Site without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Site contents, including any intellectual property notices. At our request, you must immediately remove any link to our Site.
Our Site may contain links to or display the content of third parties (“Third Party Content”), including links to website operated by other organisations and individuals (“Third Party Websites”). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Websites, or in respect of the owner or operator of a Third Party Websites or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
7. Personal Information
You warrant the personal information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.
8. User Accounts
You are solely responsible for protecting the security and confidentiality of your Login (don’t share your Login with anyone else). You must immediately notify us of any unauthorised use of your Login or any other breach or threatened breach of Site security you may be aware of. You will be solely responsible for all access to and use of a Site by anyone using your Login whether or not such access to and use of the Site is actually authorized by you.
We use a secure online payment system.
In order to purchase any of our Services you will be required to make payment via credit card or Stripe. We may require you to provide us with your credit or debit card information.
All orders must be paid when due. All downloads must be pre-paid. Coaching services may be separately invoiced. Orders will only be sent out or available for download (for electronic products) after full payment of the total amount is cleared.
For Program Payment Plans, you will be invoiced monthly, starting from a week before your first session. Access to the Program will be suspended in the event a monthly payment fails.
You can cancel your payment plan at any time by emailing us at email@example.com. Unless required by the Australian Consumer Law, we do not refund for payments already made.
You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards
By ordering a Service from us, you agree that we may charge you the price listed at the checkout screen on our Site, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time to time.
From time to time we may issue promotional or discount codes. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.
Any concerns regarding payment should be made to us at firstname.lastname@example.org.
10. Delivery of Goods and Services
Coaching Plans and Programs
After processing your payment, you will be provided access to our Coaching Program from your chosen start date using the unique username and password you selected at the time of purchase. You will receive 12 months’ access from your chosen start date after that time access will expire. Additional information about our Coaching Programs can be obtained by emailing us at email@example.com.
Programs and downloadable content
Live programs are delivered at the dates and times set out on the Site. Downloadable programs and content are delivered immediately by download via email link, once you have submitted your payment details (if relevant) and we have processed your payment information. If you have any issues with downloading your Program or content, please contact us at firstname.lastname@example.org. All downloadable content and Programs are subject to copyright and for personal use only and are not permitted to be shared with others or used for commercial purposes.
All Goods and Services available from our Site are subject to consumer protections (“consumer guarantees”) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”).
Where possible we ensure product availability however due to product demands, Set Me Free products may not be available at all times. If products are unavailable we will inform you of product availability and projected delivery.
Products purchased from Third Parties via our Site are subject to availability. We cannot guarantee the accuracy or availability of Third Party products.
11. Returns and Refunds
Do you allow for refunds or returns for a change of mind?
We do not offer exchanges or refunds for a simple change of mind, please ensure that you are selecting and ordering the products. Downloadable products and services cannot be returned.
What if my product is faulty?
In the event of any defect with the Services (including any goods) that you have purchased on or through our Site, your remedies will be as prescribed under Australian Consumer Law, and our liability will be limited to replacement of the Services in question (where applicable), or refund to the value of those Services. If you believe any of the Services purchased on or through our Site contain a defect, you must notify us immediately by emailing us at email@example.com.
Can I cancel my Program Payment Plan / Subscription?
Yes, you can cancel at any time by emailing us at firstname.lastname@example.org. However, we do not provide refunds for payments already made unless required by the Australian Consumer Law.
Your use of our Site and Services is at your own risk. The information, materials, products and services provided on or through our Site and Services are provided “as is” and to the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through our Site. Except for the purposes of any “consumer guarantees” as defined under the Australian Consumer Law, we hereby expressly disclaim all liability for our service, for product defects or failures, claims that are due to your use of our service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.
We cannot guarantee that any products found on our Site or Service will work as advertised, or that they will give you the desired results.
By accessing our Site or using our Services, you assume all risks associated with such use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with our Site are hereby excluded. By accessing our Site or using our Services, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.
In regards to any breach or failure to comply with Australian Consumer Law, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again, in accordance with our obligations under the Australian Consumer Law.
13. Our Reliance on Your Accuracy of Information
You are responsible for making your own inquiries before acting on any information or material made available to you through our Site. Our Services may not be suitable to your particular circumstances.
You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of these Services.
You acknowledge that by participating in or otherwise obtaining our Services, you are doing so voluntarily. You assume all risks in connection with your participation in Services or use of our Site. To the extent permitted by law, we exclude any express or implied warranties of fitness for purpose or reasonable care and skill. This is a risk warning pursuant to the Australian Consumer Law.
You warrant the truth, accuracy, currency and completeness of any information you provide us.
14. Limitation of Liability
Other than to the extent prohibited by applicable law including Australian Consumer Law, we do not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of our Site or Services. In no event will we, or any of our respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of our Site or Services be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of our Site or Services, any Third Party Websites linked to our Site or Services (including the materials, information or services contained on such Site) whether in contract or tort or regardless of being advised of the possibility of such damages.
In the event of any problem with our Site or any content, you agree that your sole remedy is to cease using the relevant Site. In the event of any problem with the products or services that you have purchased on or through our Site, your remedies will be as prescribed by Australian Consumer Law.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions where it is prohibited, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
16. Privacy and Child Protection
We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information.
Set Me Free complies with all Australian Child Protection legislation to the extent applicable.
Variation and Waiver
Approvals and Consents
Relationship of Parties
Governing Law and Jurisdiction
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
18. Legal Notice Amendments