Terms & Conditions
Effective 1st July, 2023
This website (Site) is owned and operated by Kerri-Anne Chilvers, ABN: 946 5789 6552, trading as Red Centre Healing (herein referred to as “Red Centre Healing”, “RCH”, “we”, “our”, or “us”). Our website is available at www.redcentrehealing.com.au and may also be accessible through other addresses and channels.
Through our www.redcentrehealing.com.au website, we offer a range of trauma informed services including individual counselling, professional supervision and training in trauma informed practice. We also offer related products and services, information and resources. This Site also includes the ability to sign up for our products and / or access services, join our mailing list and purchase our products and/or services.
We would appreciate you taking the time to read the Terms and Conditions set out below as they apply to your use and enjoyment of our Site.
By using this Site and accessing or purchasing any products or services from this site, you warrant that:
a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract
b) you have read and accepted the Terms; and
c) will comply with these Terms
Changes to these Terms
We may, at any time, and at our discretion, change or modify these Terms, consistent with applicable laws and principles, without notification to you. We recommend that you check our Site regularly to ensure you are aware of our current terms. These changes will be effective as the date posted above. If at any time you choose not to accept these Terms, you should not use this Site.
You must not do or attempt to do anything that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including, and without limitation:
a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights
b) using our Site to defame, harass, threaten, menace or offend any person
c) interfering with any user using our Site
d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site
e) using our Site to send unsolicited email messages; or
f) facilitating or assisting a third party to do any of the above acts
Exclusion of Competitors
You are prohibited from using our Site, including the Content, in any way that competes with our business.
No Commercial Use
Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence from us to do so.
Accuracy and Currency of Information
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives, or circumstances, and it is not advice.
While we use reasonable attempts to ensure the currency, accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by the law.
Intellectual Property Rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content, products and services, including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”).
Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content.
You must not:
a) copy or use, in whole or in part, any Content;
b) modify, reproduce, transmit, distribute, disseminate, sell, publish, broadcast, circulate any content to any third party; or in any way exploit in any format whatsoever the Site, our products and/or services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent.
c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms.
Where you download or purchase our digital products (including checklists, guides, ebooks, workbooks, video or audio content) (Digital Products) you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use.
You may not assign or transfer the Digital Products to any other person without our express written consent. We reserve the right, in our sole discretion, to accept or refuse to provide the products and/or services to you, at any time, for any reason.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, enhance or in any way exploit any of the Digital Products in any manner whatsoever except without our express written consent.
Links to Other Websites
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend you investigate and do your homework to find that out.
To place orders and access some of the features of the Site, you may be asked to create an account. To create an account, you will need to provide us with accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years of age. You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you will update information should there be any changes to the information provided. You will be solely responsible for the activity that occurs on your account (including orders placed on your account), so keep your password secure.
We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.
Upon purchase of a downloadable product from this Site, you will receive an email with a link to complete the purchase of your product including, where applicable, a direct download for your product.
Products may be available on this Site without a need to purchase or download them. You agree and accept full responsibility and risk for downloading and using these products. You agree that you will indemnify and hold harmless, Red Centre Healing and all our related entities and personnel, against liability for any harm or loss caused by downloading and use of these products.
You agree that it is your responsibility to ensure that you have the appropriate programs and hardware available to access and use the downloadable products and that this is not a reason for which we can offer a refund.
Refunds for Online Digital Products
Due to the nature of digital products, any orders received and processed by us for digital products, available to be purchased online, has a strict NO REFUND/RETURN/EXCHANGE POLICY. Where we send the wrong digital product, we will send you the correct digital product and where the link provided to download is not working, we will send you the digital product direct or via a revised link at no extra cost.
Prices and Payment
All prices are in Australian Dollars (AUD) and are clearly labelled as whether inclusive or exclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to you. If you’ve purchased one of our programs, courses, or other products and/or services, it will be charged at the price in force at the time a customer’s order is validated.
We reserve the right at any time to modify or discontinue the program, course, product and/or service without notice. We shall not be liable to you, or to a third- party for any modification, price change, suspension or discontinuance of the program, course, product and/or service.
Electronic Communications and Electronic Signatures
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as a mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
Disclaimer – Information and Advice
The information provided in or through our Site, programs, courses, products and/or services is intended to be for educational purposes only and is made available to you as a means of helping you help yourself. Under no circumstances should the content made available on our Site, our courses, programs, products and/or services be relied upon as “Advice”.
By referencing any programs, courses, products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the programs, courses, products or services.
You acknowledge and agree that we have not and do not make any representations as to the benefits or losses of any kind that may be derived as a result of your use of this Site, programs, courses, products and / or services.
Our role is to support and assist you in reaching your personal recovery goals, we cannot guarantee that undertaking any of any services, participating in any programs, courses or using our products and/or services will ensure your success. Any success you gain, will be dependent on your own efforts, commitment, motivation and intent to follow through. Under no circumstances, can we guarantee a particular result. You acknowledge and agree that results may differ from person to person. Each person’s individual recovery process is completely dependent on their background, dedication, drive and motivation to change as well as many other additional factors. You acknowledge and agree that when you purchase any program, participate in any services offered or purchase a product and /or service, that results may vary as there are too many variables to guarantee success.
By participating in any programs, courses, purchasing any products or services or otherwise using our Site, you acknowledge you are solely and personally responsible for any results you achieve. You further acknowledge and agree that you will undertake your own due diligence and judgement before applying anything you have gained from your use of this Site, purchase of products and/or services or participation in any programs or courses, taking into account your own personal circumstances.
On our Site we present real life examples and insights of other people’s experiences for illustration purposes only and any results personally achieved are due to the individuals themselves. These testimonials show users what can be possible but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results. Testimonials are not provided by those clients who engaged in individual psychological therapy.
In addition to any other prohibitions, you must not, under any circumstances use the Site or its content:
a) for any unlawful purpose
b) to solicit others to perform or participate in any unlawful acts
c) to violate any international, federal, or state regulations, rules, laws, or local ordinances
d) attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site
e) hack into any aspect of the Site; corrupt data; cause annoyance to other users
f) infringe upon the rights of any other person’s proprietary rights
g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Site
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Warranties and Disclaimers
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and / or the programs, courses, products or services including that:
a) they are suitable, reliable, complete, up-to-date, accurate or suitable for any particular purpose
b) access will be uninterrupted, error-free or free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm
c) our Site will be secure; or
d) there is no possibility of failure to store communications or other data
The use of any programs, courses, products and/or services, requires personal choices and/ or actions that are unique to the individual and any reliance on the content made available on our Site, through our programs, courses, products and/or services are at your own risk.
You read use and act on our Site and the Content at your own risk.
Limitation of Liability
To the fullest extent permitted by applicable laws, in no event are we, or any of employees or licensors, responsible for any loss, damage or expense, howsoever arising, including without limitation, any direct or indirect and/or present, unascertained, future or contingent (Liability) loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and /or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
Our Right to be Indemnified By You
To the fullest extent permitted by applicable laws, you agree to indemnify,
and hold us and our related entities, affiliates, and our and their respective employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligations, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Breach and Termination
The agreement constituted between us by your use of the Site may be terminated:
a) where you breach any provision of these Terms; or
b) at anytime by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
Ceasing the Red Centre Healing website
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent
required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
Governing Law and Jurisdiction
Your use of our Site and all Terms shall be construed in accordance with and governed in all respects by the laws of the Northern Territory, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in the Northern Territory of Australia and any courts entitled to hear appeals from those courts in Australia and waive any right to object to proceedings being brought in those courts.
In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the Northern Territory, Australia.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with laws (including Intellectual Property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed by these Terms and limitations of liability set out in these Terms will survive.
Any questions or concerns, please contact us at email@example.com