1. Introduction and Overview
1.1. Valued Living Pty Ltd ABN 41 661 780 070 (hereafter referred to as “The Company”) was founded by Dr Cristina Cavezza.
1.2. The Company runs the Be Fierce, Be Kind Online Program (hereafter referred to as “The Program”) for participants (hereafter referred to as “the Client” or “the Participant.”) 1.3. The Program is an educational, online program aimed at parents of multiples, including expectant mothers.
1.4. The information provided by The Company and The Program is not intended to replace professional medical advice, diagnosis or treatment by any qualified practitioner. It does not involve the diagnosis or treatment of any medical or mental health disorder. It is not meant to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and it is the Client’s exclusive responsibility to seek out independent professional guidance as needed.
1.5. If the Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the relationship agreed upon by The Company and the Client.
1.6. Do not disregard medical advice or delay in seeking medical treatment because of information you have read or received from The Company or The Program. Do not stop taking medications without speaking to the medical professional(s) that prescribed them to you.
1.7. The Company or The Program is not providing any form of health care, including therapy, or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. The Company or The Program is not giving medical advice.
1.8. The Program was designed to provide high quality, evidence-based educational content to parents of multiples, including expectant mothers.
2. Application of Terms and Conditions of Purchase
2.1. This document constitutes the Terms and Conditions of Purchase (“Agreement”) between The Company, the Program, and its facilitators (“Us”, “We”, or “Our”) and you (“the Client”, “the Participant”).
2.2. The Company and the Client agree that successful participation in the Program requires that both Client and the Company fulfil their obligations as outlined in 2.3 and 2.4. 2.3. The Company agrees to:
2.3.1. Communicate with client honestly and promptly;
2.3.2. Facilitate the Program to the highest standard for the client, in a safe and ethical manner; and
2.3.3. Respond in a timely manner to questions and feedback from the Client with respect to the Program, its contents, and operations.
2.4. The Client agrees:
2.4.1. To communicate with the Company honestly and promptly;
2.4.2. To engage in the Program to the fullest extent possible;
2.4.3. To be open to the information and guidance of the facilitators of the Program in order to achieve the greatest benefit from the Program;
2.4.4. That they understand the degree of success in the Program is dependent on their commitment and consistency;
2.4.5. That they understand that the adoption of the skills taught in The Program is a comprehensive process that may involve different areas of their life, including work, finances, health, relationships, education, and recreation.
2.4.6. That deciding how to handle these different areas of their life, incorporate The Program’s principles into those areas and implement choices is exclusively the Client’s responsibility.
2.4.7. That they understand every individual is different, and the Program and its facilitators cannot guarantee any particular result or outcome will be achieved through the client’s participation in the Program; and
2.4.8. That they enter the Program at their own risk.
3. Structure of The Program
3.1. The Program is an online, primarily educational program.
3.2. It will involve 10 weeks of pre-recorded content.
3.3. Participants will also receive materials (e.g., printable worksheets, audio files) to supplement their learnings.
4. Relationship with The Company and The Program
4.1. The Company and The Program is operated by Dr Cristina Cavezza. Dr Cristina Cavezza is a registered psychologist.
4.2. While Dr Cristina Cavezza is a registered psychologist, The Company and The Program is not a psychology service.
4.3. By consenting to participate in The Program, participants acknowledge that they are participating in an educational program and are not receiving psychological services from Dr Cristina Cavezza.
4.4. Any requests for cross-referral or registration between current or former clients of Dr Cristina Cavezza and The Company or The Program will be assessed on a case-by-case basis, and will only be accepted at Dr Cristina Cavezza’s discretion, depending on the individual circumstances.
4.5. If in the course of participating in The Program, issues arise in which Dr Cristina Cavezza’s professional opinion is beyond the scope of relationship between The Company and The Participant, a participant may be advised to see their GP and obtain a referral to consult with an appropriate clinician.
4.6. Dr Cristina Cavezza may at any time and in her sole discretion, terminate a participant’s registration in The Program if Dr Cristina Cavezza considers it appropriate to do so. 4.7. In the event of termination of a participant’s registration in The Program on this basis, a partial refund of the participant’s registration fees may be provided.
5. Privacy and Disclosure of Personal Information
5.1. As part of your participation in The Program, The Company needs to collect and record information from you.
5.2. We enclose a copy of our Privacy Policy, which we request you read and acknowledge your understanding of, prior to signing this document.
5.3. In the event of an emergency (as reasonably assessed by The Company), you consent to The Company contacting the emergency contact you have nominated.
6. Confidentiality
6.1. Information (documented or verbal) that is shared between the Company and Participant will be kept confidential.
6.2. The Company agrees not to disclose any information pertaining to the Participant without the Participant’s written consent.
6.3. Confidential Information does not include information that:
6.3.1. Was in the Company’s possession prior to its being furnished by the Participant;
6.3.2. Is generally known to the public or in the Participant’s industry;
6.3.3. Is obtained by the Company from a third party, without breach of any obligation to the Participant;
6.3.4. Is disclosed by the Participant in the course of group discussions, where the Company is recording those group discussions with the stated intent to distribute those group discussions to other participants in The Program;
6.3.5. Is independently developed by the Company without use of or reference to the Participant’s confidential information;
6.3.6. The Company is required by statute, lawfully issued subpoena, or by court order to disclose;
6.3.7. Is disclosed to the Company and as a result of such disclosure the Company reasonably believes there to be an imminent or likely risk of danger or harm to the Participant or others; or
6.3.8. Involves illegal activity.
6.4. The Participant also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Company in a timely manner.
7. Technology Requirements
7.1. The Program is provided online. You are responsible for the costs associated with setting up the technology needed so you can access online content and participate in The Program.
7.2. To access The Program content, you will need access to a computer and speakers and a private room or quiet space.
7.3. The privacy of any form of communication via the internet is potentially vulnerable and limited by the security of the technology used.
8. Intellectual Property
8.1. All materials provided to you as part of the facilitation of The Program are the property of the Company and may not be duplicated, copied, reproduced, published, distributed, or displayed in any form without the prior express written permission of The Company.
8.2. All trademarks, logos, and service marks displayed on any materials provided as part of The Program under this Agreement are protected by Australian and International copyright and intellectual property laws.
9. Limitation of Liability
9.1. The Company is not responsible to you or anyone else for any loss suffered in connection with engagement in the Program, including use of its content.
9.2. The Company makes no warranties or representations about the Program or the content provided. We exclude, to the maximum extent permitted by the law, any liability which may arise as a result of participation in the Program or use of content. Where liability cannot be excluded, any liability incurred by use in relation to participation in the Program is limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010). To the extent permitted by law, we will not be liable for any indirect, special or consequential loss.
10. Severability
10.1. The individual provisions of this agreement are intended to be severable from the remainder of the provisions.
10.2. If any provision of this agreement is held to be invalid by a Court, then the remainder of this Agreement shall remain in full force and effect.
11. Termination of The Program
11.1 By purchasing The Program, you agree that The Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in The Program without refund of the Fee, or forgiveness of any outstanding monies owed under an agreed payment plan, should you engage in disruptive, abusive, or otherwise inappropriate behaviour towards other participants or facilitators.
12. Fees
12.1. The fee for the 10-week program is a one-off payment of $247 USD dollars or three payments of $97 USD charged once per month for three months.
12.2. You’ll have access for the lifetime of the course, for as long as I continue to run The Program and guaranteed access for AT LEAST six months after you enroll.
13. Cancellation & Postponement Policy
13.1. All Sales for The Program are final and cannot be cancelled. We cannot accommodate changes or refunds.
13.2. After the commencement of the course, full or partial refund of the registration fee will be granted at the discretion of The Company, and ordinarily only in circumstances where a participant’s registration is terminated by The Company or The Program in accordance with the terms of Clauses 2 and 4.
14. Waiver
14.1. The failure, delay or omission by a party to exercise any power or right conferred upon it by this agreement will not operate as a waiver of such power or right.
14.2. Any exercise of any power or right does not preclude any future exercise of the power, or the exercise of any other power or right under this agreement.
14.3. A waiver of any provision of this agreement, or consent to any departure by a party from any provision of this agreement, must be in writing and signed by all parties and is effective only to the extent for which it is given.
15. Variation
15.1. This agreement may not be changed or modified in any way except in writing signed by or on behalf of all the parties.
16. Governing law
16.1. This agreement is governed by, and is to be construed and take effect in accordance with, the laws of Victoria.
16.2. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria.
17. Consent to participation in The Program
17.1. I confirm that I have read and understood the information in this document about The Company and The Program and I acknowledge the following:
17.1.1. The Program is an educational program. Although The Company and The Program is run by Dr Cristina Cavezza who is a registered psychologist, this is not a psychological service and I will not be receiving psychological services, treatment, advice or therapy in the course of my participating in The Program;
17.1.2. I have read and understood the Privacy Policy.