ADDITIONAL TERMS OF SERVICE FOR OUR MEMBERSHIP SERVICES
These Additional Terms of Service (“Terms”) apply to all current members, or all potential members of The Everyday Harmony Hub run by Kerry Spina t/as Everyday Harmony Hub [ABN 69649982600 ] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our Website and Services form an Agreement with us (“Agreement”). “You” could be any member of ours.
ONLINE MEMBERSHIP WE WILL PROVIDE
By purchasing a Membership you are entitled to access various wellbeing resources, which may include recipes, mindfulness practices, growth mindset strategies, relaxation techniques, meditation, values awareness, energy management, visioning, goal setting and more. You will also be entitled to Masterclasses, coaching calls, and our closed Facebook community.
We provide various materials during your Membership, including diagrams, documents, photographs, videos and worksheets. We also have group sessions.
Things you must do before purchasing our Membership
- be 18 years old or have parental consent;
- provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information;
- ensure you have adequate technology set up and internet access make use of the Membership. We use a Facebook Group, Kajabi, a membership portal on our website, Zoom video conferencing.
You represent and warrant that:
- you are in good physical health;
- you are not being treated for any injuries or conditions, or if you are, you have a letter of consent from the relevant practitioner to join; and
- you will notify us immediately if your health status changes in any way.
- you are in good mental health;
- you are not being treated for any mental health condition, or if you are you have a letter of consent from your psychiatrist, or psychologist to join; and
- you will notify us immediately if your health status changes in any way.
Acknowledgements you make when purchasing on our website
You acknowledge and agree that:
- we cannot take into account your personal situation or your personal goals or objectives when providing our Membership Services. The Materials are general in nature and we cannot guarantee that your desired outcome will be met as everybody’s circumstances, needs and expectations vary.
- the Materials we provide are not a substitute for independent professional advice and any reliance on this information is at your sole risk. For example, sometimes the Materials could be classed as medical advice. You must consider whether or not the information is appropriate to your needs. We strongly recommend that you obtain independent professional medical advice before making any decisions or taking steps towards reliance on our information.
- the Membership Services are voluntary and you join and participate at your sole risk. You are responsible at all times for your safety and wellbeing. We are not an emergency service, and are not your doctor, counsellor, psychologist, psychiatrist. You must always seek proper advice from a professional regarding any diagnosis, assessment or treatment. We are not liable for any Loss or damage suffered in connection with the Membership Services or reliance on any “health or medical advice”.
You further acknowledge and agree that there may be:
- occasional errors or omissions in our descriptions, prices, availability and promotions;
- some services with limited places or that are limited to certain regions or groups of people;
- from time to time we may remove the Membership services for indefinite periods of time or cancel the Membership Services at any time without notice to you;
- there may be technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software; and
- your use of the Website and Membership Services, or inability to use the Website and Membership Services is at your sole risk.
Except as required by law, we cannot guarantee the accuracy or reliability of the information, or the availability of the Services.
You also acknowledge that we may make recommendations of suppliers for various products or services during your Membership. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.
The Membership Fee is automatically deducted from your nominated payment method unless you or we cancel your Membership in accordance with the cancellation or termination terms below.
You authorise us to:
- deduct the Membership Fee and all other accrued and owing fees from your debit or credit card; and
- deduct any applicable currency conversion fees or financial service provider fees where relevant.
You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.
If you want to benefit from our special offer it must be redeemed within the time required, and must be used at the time of purchase to apply; they cannot be applied retrospectively.
Things you must do after purchasing a Membership
- maintain the confidentiality of your login and password for your account;
- not allow other people to use the Materials or your account;
- contact us by email at if you have any difficulty downloading any Materials;
- not reproduce, duplicate, copy, sell, re-sell or exploit the or Materials in any way;
- contact us by email at if you have any issues with the Services and require a refund;
- seek our prior written consent before any publication of information about us; and
- in the case of a dispute keep all communications confidential.
We have group sessions where you can be part of our community but please follow our rules
We encourage you to engage with us and other Members during your Membership, however, you must comply with our rules at all times. You must respect the other Members and not be disruptive in any way. You must not directly contact other Members unless you have their express consent. Any further interactions with other Members are conducted at your sole risk.
Acknowledgements you make in relation to privacy and confidentiality
During the group sessions you may share sensitive, personal, and private information (“Confidential Information”), or others may share similar information.
You acknowledge and agree to keep all information confidential, and not to disclose any information outside the group. You must not record any group sessions.
Unfortunately, whilst we encourage confidential communications, we cannot guarantee that delivery of our Membership Services and any Materials will be secure, and we cannot guarantee your privacy or confidentiality when accessing group sessions in particular.
Acknowledgement you make in relation to emergencies and crisis situations
You acknowledge and agree that we are not paramedics or emergency doctors, crisis counsellors, and are not readily available for these situations. If you are experiencing a crisis you must contact an emergency service.
In some circumstances we may need to suspend or even terminate a group session where a participant is experiencing a crisis. Where we see any risk to a participant’s safety we will immediately terminate the session. In this event, we will reschedule the groups session to another convenient time. In the event that you experience a crisis during your Membership or during a session, we will refer you to appropriate service and you agree to seek assistance immediately.
Acknowledgement you make in relation to live events
We conduct various events as part of your Membership. We reserve the right to exclude you from any event if you become disruptive or disrespectful to other participants during any of our live or in person events. You acknowledge and agree that we may make recordings of events that you participate in, including in person and online events. These recordings may be audio, video or still photographs, and may be used by us for marketing or information purposes. Your participation in the events is subject to you granting us the copyright in all recordings to use, reuse and publish the recordings where you may be depicted or included, in whole or in part, in composite or distorted in character or form, without restriction as to changes from time to time, in any media now or developed in future. You waive all rights to approve of the finished recordings.
Things we’d love you to do after purchasing your Membership
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at [email protected].
If you need to cancel your Membership
If you need to cancel your Membership please email us at [email protected] with 7 days notice so you will not be billed automatically for the following month. All our Membership Services are for the Membership Period. We do not provide any refunds for Membership Fees until the Minimum Term (12 months) has expired.
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website
Except as required by law, we may at any time, and without prior notice to you:
- change and update information including availability and promotions;
- change prices or descriptions of our Membership Services;
- discontinue any Membership Services.
We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Membership Services are delivered with due care and skill and in a reasonable time.
Except as required by law we do not warrant the quality of the Membership Services or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer benefit from the Membership Services or where you fail to comply with our instructions.
If we need to cancel the Membership Services we will provide a refund
Except as required by law, all payments are non-transferable and non-refundable. On occasion we may cancel the Membership Services where we are no longer able to provide them. In these or similar circumstances where you have paid in advance we will provide you with a refund. We will notify you as soon as possible of any changes to the Membership Services. We do not provide refunds except as required under the Australian Consumer Law.
We can refuse to serve you and provide Membership Services at any time
We may refuse to provide our Membership Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, any account and disable your ability to purchase a Membership. We can also change, suspend or stop providing Membership Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Membership Services.
All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence for to use our Materials for your personal use only. This licence to use our Materials in relation to the Membership Services is for the duration of your Membership only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at [email protected] to seek consent.
RELIANCE ON ADVICE DISCLAIMER
We may provide information in our Materials and that may be classed as health advice. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information may be historical information, and based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete. For that reason, we cannot guarantee that the information is accurate, complete or current.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our website and services or any Membership Services, including, but not limited to, any errors or omissions, price changes or discontinued Membership Services, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
- the replacement of the Membership Services or the supply of an equivalent services; or
- the payment of acquiring an equivalent services.
In any case, our liability to you will not exceed the amount of $100.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of the group session rules and, and any breach of our Intellectual Property Rights.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of QLD, Australia, and you and we submit to the jurisdiction of the courts of QLD, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
Materials means any of our materials, including but not limited to any workbooks, video, content, interviews with wellbeing advocates, audio files, and anything provided to you during your membership,
Membership Fee means the membership fee as advertised on our website from time to time.
Membership Period means annually or month to month.
Membership Services means The Everyday Harmony Hub and includes all Materials.
Minimum Term means the minimum term of your membership before you can cancel which is 12 months.
We, us, or our means Kerry Spina t/as Kids in Harmony [ABN 69649982600 ] and includes any of our directors, officers, employees, agents, partners, contractors.
Website and services means everydayharmony.com.au everything available on this website including, but not limited to, all Membership Services.