TERMS OF USE

Health Wellness Freedom

www.lisamitchelltraining.com

These Terms of Use (‘Terms’) apply to all users of this Website and our Courses. This Website and the Courses are owned and operated by Lisa Mitchell (ABN 66 246 846 066) trading as Lisa Mitchell Health Wellness Freedom (‘we’, ‘our’, ‘us’). We may modify and update these Terms at any time, without notice. You need to ensure you review our Terms from time to time. By using our Website and accessing our Courses, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our Website from time to time. 

DEFINITIONS

 

“Content” means any and all material, links, words, images, exercises, programs, techniques, ideas, examples and digital material including but not limited to any goods and services accessed on or through the Website, including but not limited to any of our Course Material.

 

“Courses” means our online courses which provide educational information regarding health, wellness and freedom.

 

“Course Fee” means the fee paid by you in order to access the Courses.

 

“Course Material” means the worksheets, videos, slide notes, transcripts or other material containing our Courses.

 

“Permitted Use” means the viewing and/or downloading by you of one copy of the Course Material, solely for the purpose of studying the Courses. 

 

“Statutory Rights” has the meaning set out in the “Liability” clause of these Terms.

 

“Website” means www.lisamitchelltraining.com.

 

“We”, “our” and “us” means Lisa Mitchell (ABN 66 246 846 066) trading as Lisa Mitchell Health Wellness Freedom, www.lisamitchelltraining.com, and includes all officers, directors, employees, contractors and affiliates.

 

“You” means any user of our Website or Courses.

OUR COURSES

 

We offer the Courses online by way of worksheets, videos, slide notes, transcripts or other material, to provide educational information regarding health, wellness and freedom. 

 

Upon payment of our Course Fee, and acceptance of these Terms, we will grant you access to your chosen Course and the related Course Material at any time after payment and for an unlimited period until such time as the Course is no longer offered or we cease to support it. In the event that the Course is going to become unavailable, we will provide 60 days’ notice to you to give you an opportunity to access the Course prior.

COURSE FEE

 

In order to participate in our Courses and to access our Course Material, you must pay our Course Fee.

Our Course Fee is payable as a one-off fee, or by up to four instalment payments. 

 

The amount of our Course Fees may vary from time to time, but current Course Fees may be displayed on our Website and/or communicated to you at the time of your purchase.

 

In the event that you cancel your membership before having paid your entire Course Fee (for example, if you have not paid all of the instalments towards your Course Fee), then your balance Course Fee shall become immediately due and payable unless otherwise provided under your Statutory Rights. 

LICENCE TERMS (‘Licence’)

 

Upon acceptance of these Terms and payment by you of the Course Fee, we grant you a revocable, non-exclusive, non-transferable, limited Licence to access your chosen Course and the related Course Material.

 

Our Courses may only be used for your own individual, personal, non-commercial use. 

 

You may only use the Course Material for the Permitted Use.

 

Aside from the Permitted Use of the Course Material, you may view, browse and search our Content but may not store, download, print, or otherwise copy and retain any of our Content. In particular, you agree not to:

 

1. copy, modify, alter, disassemble; decompile, translate or convert into human readable form or reverse engineer all or any part of the Content;
2. print or copy all or part of the Content, or save it onto a memory storage facility of any computer;
3. share, sell, License or distribute any Content to third parties or use any Content as a component of or as a basis for any material offered for sale, License or distribution; 
4. store or use any Content in any database or other storage facility in either paper or electronic form which is intended for the storage and/or provision to users of any access to know-how; and
5. in any other way reproduce, copy, download, scrape, store, publish, transmit, re-transmit, transfer, communicate, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Content or any part or portion of the Content in any form or by any means.

 

Any unauthorised use of the Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

In the event that you breach these Terms, including but not limited to by using the Content in an unauthorised manner, we may immediately terminate this Licence.

 

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or of these Terms.

INTELLECTUAL PROPERTY

 

You may not share, copy or redistribute the Content in any medium or format at any time. Our Content is for your individual personal use only and may not be used for commercial purposes.  

 

Any redistribution or reproduction of part or all of the Content in any form is prohibited. You are not permitted to make any derivative material, including but not limited to summarising, rewriting, remixing, transforming, copying, reproducing, sharing or building upon the Content in whole or any part thereof. For any other use or distribution, you must have express written consent from us.

 

We own all intellectual property rights in the Content and these intellectual property rights will remain our property at all times, subject to the Licence that we grant to you under these Terms.

DISCLAIMER

 

All the Content accessed through the Website or the Courses is for educational purposes, is general in nature and is not in any way to be construed as individual or personal advice. Whilst we have exercised due care in ensuring the accuracy of the Content, the information is not specific, nor does it consider your personal circumstances. The Content does not take into account your individual health, medical, physical or fitness ability.

 

Nothing contained in the Website, the Content or the Courses is intended to be used or treated as medical advice and it is not intended to be used to diagnose, treat, cure or prevent any disease nor should it be used for therapeutic purposes or as a substitute for your own health professional’s advice. The Website, the Content and the Courses are intended to provide guidance and assistance for information purposes only, but the information is indicative only and not meant as a comprehensive list for all or any particular patient or individual. 

 

We are only providing you with facts, information, insights and educational material to assist you. You need to decide what may work best and what may be suitable for your own personal needs. We do not have your personal information, health information or personal circumstances or situation in mind when we provide this information.

 

Results vary from individual to individual. For this reason, performance, progress and success is reliant on the individual and the goals they set for themselves. We cannot and do not guarantee any particular results and you are responsible for your own progress. 

 

You are responsible for consulting a suitable medical professional before trying any of the fitness programs, exercises or techniques or following any of the other Content offered in the Courses or the Website that may directly or indirectly affect your health or well-being.

 

You understand that your participation in these activities may involve a risk of injury and you take full responsibility and risk for making any decision or taking any action based on the Content, the Courses or the Website.

 

Whilst we endeavor to keep the Website, the Content and the Courses up-to-date and correct, we make no representations or warranties of any kind, express or implied, about their completeness, accuracy, reliability, suitability, fitness for purpose, or availability, or that of any other information, products, services, or related graphics accessed via the Website or the Courses. Any reliance you place on such information and any Content is therefore strictly at your own risk. You need to make your own enquiries to determine if the information, the Website, the Content and the Courses are appropriate for your intended use and suitable to your particular condition. Before relying on any such information, the Website, the Courses or the Content, you should obtain your own professional advice to ensure it is relevant to your specific circumstances.

 

You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we accept no responsibility or liability whatsoever for any injury, damage or loss that may result from any use of the Course, the Website, the Content, or any other goods, services or information provided through the Website or the Courses and all such liabilities are expressly disclaimed.

 

In no event do we accept liability for any loss, injury or damage, including but not limited to indirect or consequential loss or damage, death or illness, that may result from any use of or reliance on the Content or any other information you receive via this Website or the Courses.

LIABILITY 

 

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our Website, the Content, or the Courses, or any other information contained on the Website or linked to it.

 

In accessing our Courses and relying on any information contained in the Courses, you agree you are doing so at your own risk and we cannot be held responsible for the action you may decide to take based on your decisions or actions that may result. 

 

For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss or injury, or any liability resulting from any reliance by you on the information on the Website or in the Content, or your access to our Courses.

INDEMNITY

You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses or damages whether direct, indirect, consequential or special.

 

This indemnity includes all legal fees resulting from your breach of our Terms, any third-party claims including but not limited to your family or relatives, any activity you may engage in through any use of our Website, Content, or Courses, or your use of the Website, Content or Courses.

YOUR WARRANTIES

 

You warrant and represent that:

 

1. you are at least 18 years of age;
2. you shall not impersonate another person, use a false name or a name you are not legally authorised to use;
3. you shall not create a false identity or otherwise attempt to mislead others as to the identity or origin of any correspondence or communications relating to your use of the Courses or the Website;
4. you shall not knowingly provide inaccurate, misleading or false information via the Courses or the Website; and
5. you will not post any offensive Content, or Content that contains viruses, codes, files or programs that are designed to or may interrupt, damage, limit or destroy the functionality of any computer software or hardware;
6. you will comply with these Terms at all times.

OUR WARRANTIES

 

Certain legislation including the Australian Consumer Law (‘ACL’) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (‘Statutory Rights’).   

 

Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

 

We represent and warrant that:

 

1. in providing the Courses and the Content, we will comply with all applicable laws and industry standards;

 

1. the Courses and the Content will be provided to a high standard in accordance with best practice; and

 

1. the scope of the Courses and the Content will be limited to that agreed in writing from time to time. Similar or equivalent programs or services may be substituted from time to time if, in our sole opinion, it would benefit you or be required to meet the requirements of these Terms.

CANCELLATION AND REFUNDS

 

As you have been provided with access to our Course and Content upon payment, we do not provide any refunds for change of mind. 

 

Unless your Statutory Rights or any other relevant laws apply, the Course Fees are strictly non-refundable. If you choose to cancel your membership or stop participating in the Course, you will not be entitled to a refund of your Course Fees.

 

At no time do we seek to exclude or limit your Statutory Rights with respect to any refund. 

 

We have the right to terminate or suspend your membership and access to the Website, the Course and the Content with or without notice for any breach of these Terms or any reason in our sole discretion.

 

We may terminate or suspend your membership if you fail to pay any fees or payments for the Course when payment is due.

 

We may terminate or suspend your membership if you behave in a way that is risky or seriously inappropriate, threaten or harass others, act in an improper manner, take part in the Course while under the influence of drugs or alcohol or provide instruction or information to other members where you are not authorised by us to do so.

 

We may also bar you from accessing the Website, the Course or the Content and we may cancel your membership if we receive complaints about your behaviour, or in our sole discretion.

 

We may terminate or suspend your membership if you are suspected of fraudulent, abusive or illegal activity and may refer the matter to the appropriate law enforcement authorities.

 

Upon such termination, regardless of the reasons, your right to use the Website, the Course and our Content immediately ceases and we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our Website, the Course and the Content.

 

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

 

If you cancel or we terminate your membership, in accordance with these Terms, we are not obligated to provide any refund of any fees that may have been paid in advance.

3. SERVICES: 

3.1. The Client appoints the Coach for the Services as specified in the Schedule to this Agreement. The Client accepts the Services and is bound by these Terms when the Client instructs the Coach to proceed, by making a payment, or by confirming acceptance via email or other written means. 

3.2. The Coach agrees to provide the Services described in Item 1 of the Schedule in accordance with the Terms in this Agreement. The Coach agrees to provide these Services in a professional manner and in accordance with generally accepted industry practice and standards and will ensure any contractors or coaches or representatives that the Coach may employ from time to time will have the relevant qualifications and are under the same standards requirements. 

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3.3. Any specific terms and requirements relating to the Services required by 

the Client will be agreed in writing and notified to the Coach in advance. 

3.4. Services may be provided face-to-face or via web-based means (such as Skype, Google hangout or similar) or as otherwise agreed in the Schedule. The Client is responsible for ensuring they have the appropriate facilities available as agreed in the Schedule. 

3.5. All sessions must be scheduled and agreed in advance by the Coach including any sessions which are rescheduled due to unavailability of either party. All sessions that are rescheduled must be taken and provided no later than eight (8) weeks after the final date nominated for completion in the Schedule. Any sessions outside of this time frame and all extensions must be agreed in writing by the Coach. 

3.6. In the event that a Client is unable to attend or wishes to reschedule their appointment, a minimum of twenty four (24) hour notice is required to permit the Coach to offer this session time to another Client. Any sessions that are not notified to the Coach for cancellation or rescheduling prior to this twenty four (24) hour requirement may be forfeited and may not be rescheduled. 

3.7. In the event the Coach is required to cancel any session or appointment, the Coach will either reschedule at a time convenient to the Client, the session will be transferred to another date or the fee will be refunded depending on the circumstances appropriate and available to both parties. 

4. WARRANTIES AND REFUNDS 

4.1. Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (‘ACL’). At no time are these statutory rights sought to be excluded. 

4.2. The Coach represents and warrants: 

(a) in providing the Services, they will comply with all law and industry 

standards; 

(b) the work performed to provide the Services will be done to a high 

standard in accordance with best practice; and 

(c) the scope of the Services will be limited to the description provided in the Schedule unless otherwise agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in the sole opinion of the Coach, it would benefit the Client or be required to meet the terms of this Agreement. 

4.3. The Client represents and warrants: 

(a) they will provide all relevant information required for the Coach to carry 

out the Services in a timely manner; 

(b) they hold the relevant and required current insurances to protect the 

Coach (where relevant) including against any third party claims. 

4.4. The Client acknowledges and agrees that: 

(a) results of Services vary from individual to individual. For this reason, performance, progress and success of any particular Services is reliant on the Client and individual to meet their own requirements. The Coach cannot and does not guarantee any particular or any results and the 

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Client is solely responsible for their progress. If any time during the Services the Client feels their progress is not as expected, it is the responsibility of the Client to advise the Coach immediately of any concerns in order to give the Coach an opportunity to address and assist. The Coach will use reasonable efforts to resolve the concerns, however at no time does the Coach guarantee or warrant any increase or altered progress or performance; 

(b) as the Coach has blocked out specific time periods to provide the Services to the Client, any cancellation or termination and refund of Services would be to the detriment of the Coach. For this reason, there are no refunds for change of mind or similar. Refunds are granted in very limited circumstances and in the sole discretion of the Coach; 

(c) in addition, any delay or late attendance to any scheduled sessions by the Client will finish at the nominated and agreed original time in order to not disadvantage other Clients that may be scheduled after the Client session. All sessions must finish on time at the originally scheduled time unless otherwise agreed by the Client and Coach; 

(d) they undertake the Services at their own risk and any session recommendations are not a substitute for medical attention, treatment, examination, advice, treatment of existing conditions or diagnosis and is not intended to take the place of a proper medical advice from a fully qualified medical practitioner; and 

(e) they are responsible for consulting a suitable medical professional before using any of the information or materials provided by any Services or before trying any exercise, technique or taking any course of action that may directly or indirectly affect your health or well being. 

MODIFICATION OF WEBSITE, CONTENT AND COURSES

 

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content on the Website or to modify the Website or the Courses at any time without notice. We shall not be liable to you or any third party for any modification when it is required. 

 

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or these Terms.

THIRD PARTY LINKS

 

You hereby acknowledge that we may from time to time include links or references to other websites or apps, other content or other materials (hereinafter "Third Party Links"), none of which are controlled by us.

 

You hereby acknowledge that these Third Party Links are provided for your information only and that we do not make any representations, warranties or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality or suitability for a particular purpose of these Third Party Links. We do not endorse, approve or support these Third Party Links. You use the Third Party Links at your own risk.

THIRD PARTY TERMS

 

In the event that the Website, the Course, or the Content involves any third party resources or platforms, you must agree to any terms and conditions relating to such third party resources or platforms as required. 

PRIVACY

 

Through your use of the Website or the Courses, you may provide us with some of your personal information. By using the Website and the Courses, you authorise us to use your information in Australia and any other country where we operate. 

 

We take our privacy obligations very seriously. We may use the information we collect about you to improve the Courses that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles.

Please refer to our privacy policy for further information about what information we collect, how we use it and store it, and your rights in relation to it.

GOVERNING LAW

 

These Terms of Use are governed by the laws of New South Wales which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms.

CONTACT US

 

You can contact us about these Terms using the following details:

 

Address: [ADDRESS]
Email: [EMAIL]

AGREEMENT

 

[Insert tick box] I have read and agreed to these Terms.

UPDATED: June 2021