PLEASE READ THESE TERMS OF USE BEFORE USING THIS SITE
1 About the Website
1.1 Welcome to www.innergrowth.com.au (the Website) operated by Self Growth Institute, ABN 86 161 043 072 (Self Growth Institute). Please read these terms and conditions (the Terms) carefully. Access to and use of the Website, or any of its associated services, is provided by Self Growth Institute.
1.2 The Website is a web based marketplace that allows Clients and Counsellors to more easily connect with each other so that the Client has an opportunity to browse, book and participate in a Session conducted by a Counsellor that has been listed through the Website (the Services).
1.3. Self Growth Institute reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Self Growth Institute updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, Self Growth Institute recommends that you keep a copy of the Terms for your records. The access and use of the Website by you after Self Growth Institute makes any changes constitutes the acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Website and any of its associated products or Services immediately.
2 Acceptance of the Terms
2.1 By using and/or browsing the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
2.2 You may also accept the Terms by clicking ‘I Accept’ or ‘I Agree’ to the Terms where this option is made available to you by Self Growth Institute in the user interface of the Website.
2.3 These Terms are the agreement between you and Self Growth Institute.
2.4 If you are accessing and using the Website on behalf of a corporation or other entity, you warrant that you have been authorised by the corporation or other entity to enter into and agree to these Terms on the corporation’s or entity’s behalf and bind them to these Terms.
2.5 You may not access the Website or use the Services and may not accept the Terms if:
2.6. By accepting these Terms, you warrant that you have familiarised yourself with, and agree to be bound by the Terms, the Additional Terms (if and the Privacy Policy found at www.innergrowth.com.au/privacy-policy/ (the Privacy Policy). If you do not agree to the Terms or the Privacy Policy, you must cease usage of the Website and any of its associated products or Services immediately. For the avoidance of doubt, if there is any conflict between the Additional Terms and the Terms, or the Privacy Policy, any conflicting term of the Additional Terms will be severed.
2.7. Self Growth Institute recommends that you regularly check these Terms for any material changes and to keep a copy of the Terms for your records.
3 Definitions
4 Registration
4.1 In order to access the Services, you are required to register with the Website by creating an account. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself, including the following:
(a) your name;
(b) your email address;
(c) your phone number;
(d) a valid payment method,
(e) a preferred username; and
(f) a preferred password.
4.2 You acknowledge and agree that:
(a) providing false and misleading personal information is grounds for immediate termination of your account or banning you from the Website without notice;
(b) by supplying Self Growth Institute with your email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from Self Growth Institute in order to keep you informed about Self Growth Institute’s activities. If you do not wish to receive updates from Self Growth Institute, you may click ‘Unsubscribe’ at the bottom of the email.
(c) any personal and registration information you provide to Self Growth Institute will always be accurate, correct and up to date. If at any time the personal information you have provided to Self Growth Institute changes, you must update it immediately; and
(d) Self Growth Institute is only providing you the Services, and does not participate in any transaction between the Client and the Counsellor.
5. The Services
5.1 By Self Growth Institute offering its Services to you, you acknowledge and agree that:
(a) unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are inclusive of any applicable GST;
(b) Self Growth Institute may receive a commission, benefit, or fee from third parties in relation to the provision of the Services to you;
(c) Self Growth Institute does not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to the success of the Service;
(d) you shall remain solely responsible for assessing the implications and risks of using the Services; and
(e) these Terms do not create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between the parties.
5.2 You acknowledge and agree that Self Growth Institute has entered into these Terms in reliance on the acknowledgements, representations and warranties given by you in these Terms.
6 Your obligations as a User
6.1 As a User, you acknowledge and agree with the following:
(a) to comply with the Terms;
(b) use the Website and the Services only for purposes that are permitted by:
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address and you will not disclose to any third party the password used to access your account. You agree to immediately notify Self Growth Institute of any unauthorised use of your password or email address or any breach of security of which you have become aware. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Self Growth Institute providing the Services and only for the duration that you are a User;
(f) that you are personally liable for the account, even if you are acting on behalf of a third party;
(g) to not disclose to any third party the password used to access your account. If you discover that a third party has accessed your account or knows your account password, you must immediately notify Self Growth Institute in writing via the Self Growth Institute online contact form.
(h) that you are solely responsible for the activity that occurs under your account, including but not limited to any direct messages you send, or any Orders that you make for a Product;
(i) you are not entitled to any “points”, “referral”, or “loyalty” system, and if any is offered will be subject to additional terms and conditions;
(j) you must not:
(i) expressly or impliedly impersonate another User or use the account or password of another User at any time.
(ii) use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(iii) provide false information including false names, addresses and contact details;
(iv) use the Website unlawfully or in a manner that violates any applicable laws, regulations or these Terms;
(v) hack into any part of the Website or attempt to circumvent Self Growth Institute’s security, systems, infrastructure or network to access data not intended for you;
(vi) interfere with the servers or networks connected to the Website or the Services, or violate any of the procedures, policies or regulations of networks connected to the Website or the Services;
(vii) engage in conduct or access the Website in a way that will impose an unreasonable or large burden of traffic demands on Self Growth Institute’s infrastructure;
(viii) introduce or transmit files that contain a virus, malware, “spam”, “chain letters” promotional materials, or “junk mail”;
(ix) upload or post content to the Website which is false, misleading, defamatory or contains sexually explicit material, references or innuendos;
(x) act in a way that is unlawful, harassing, threatening, abusive, violent, discriminatory, intimidating, or predatory, or that otherwise would disrupt others’ enjoyment of the Website.
(xi) use the Website or Services in connection with any commercial endeavours except those that are specified or approved by the Terms;
(xii) use the Website or Services for any illegal and/or unauthorised use which includes collecting email addresses of other Users by electronic or other means for the purpose of sending unsolicited communication or unauthorised framing of or linking to the Website;
(xiii) create derivative works of the Website or an application substantially similar or a direct copy of the Website such that confusion may occur as to which Website is operated by Self Growth Institute;
(xiv) resell or export the software associated with the Website or any of the videos uploaded on the Website; and
(xv) automate the use of the Website or the Services; and
(k) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Self Growth Institute for any illegal or unauthorised use of the Website.
7 Using the Website as a Client
7.1 As a Client, the Website provides you with an opportunity to:
(a) view and browse Session Listings posted by the Counsellor;
(b) purchase the Session(s) set out in the Session Listing for the Purchase Price from the Counsellor; and
(c) make a Booking and participate in Sessions with the Counsellor at a time and place suitable to you.
7.2 When purchasing the Sessions through the Website, the Client agrees to pay the Purchase Price once the Booking is accepted.
7.3 Where the Website makes online payment methods available, payment of the Purchase Price must be made through a third party payment gateway provider, e.g. Stripe, (the Payment Gateway Provider). In using the Services the Client warrants that you have familiarised yourself with, and agrees to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider prior to you using the Payment Gateway Provider.
7.4 In the event that the Client elects to pay the Purchase Price by way of direct debit and/or credit card and there is a chargeback by your credit provider, Self Growth Institute may suspend or terminate the Services immediately. You will be charged by Self Growth Institute’s then current administration fee available on the Website, plus GST. All amounts owing will accrue interest at an annual rate of 15% and may be reported to a credit reporting or debt recovery company.
7.5 Following payment of the Purchase Price being confirmed by Self Growth Institute, the Client will be issued with a Booking Confirmation and Receipt from Self Growth Institute through the Self Growth Institute Website, to confirm that the payment has been received. The Counsellor and Self Growth Institute may record the Client’s purchase details for future use.
7.6 The Client acknowledges and agrees:
(a) that by submitting a Booking for a Session, they are making an offer to purchase the Session and, if accepted, entering into an agreement to buy that Session from the Counsellor, not Self Growth Institute;
(b) that Self Growth Institute only offers the Services across Australia and is in no way responsible for the Sessions;
(c) that Self Growth Institute reserves its right, at any time and without prior notice, to remove or disable your access to the Website at Self Growth Institute’s discretion and for any reason, including but not limited to, if Self Growth Institute believes that you have caused any abusive, threatening, sexist or racist comments or actions made towards the Counsellor; and
(d) to communicate with the Counsellor respectfully and professionally.
8 The Sessions
8.1 Provision of the Session(s) in relation to a Booking will be organised directly between the Client and the Counsellor. The delivery method of a Session is at the Counsellor’s sole discretion and pursuant to the Additional Terms.
8.2 The Counsellor will use best efforts to ensure that Sessions are conducted at the time agreed upon via the Booking.
8.3 To prevent any issues from arising, the Client must ensure that all information (such as the Client’s name and contact details) provided to the Counsellor is accurate and complete.
8.4 If the information provided to the Counsellor is not accurate, the Counsellor will not be liable for any additional costs and expenses that may be incurred in relation to the Session (and if applicable, re-delivery) of the Session.
8.5 You acknowledge and agree that any information collected by the Counsellor through the provision of the Session(s), including but not limited to, clinical notes, will be held on record by the Counsellor for seven (7) years following the date of completion of the last Session with the Counsellor or as required by any relevant regulator or authority.
8.6 The Client agrees and acknowledges that the Counsellor may utilise a third-party platform for the facilitation of the Session and the Client may be required to register an account with the third-party platform and accept the third party platform’s terms and conditions in order to access the Services. Self Growth Institute does not own or operate the third-party platform and recommends that the Client should read all third-party terms before using their services. In using the third-party platform, the Client and the Counsellor warrant that they have familiarised themselves with, and agree to be bound by, the applicable terms and conditions, privacy policy and other relevant legal documentation required by the third-party platform, prior to you using the third-party platform.
9 Additional Terms
9.1 The Additional Terms will be binding on the Counsellor and will set out the relationship between the Counsellor and the Client to the extent that they do not conflict with the Terms or Privacy Policy or any other written terms and conditions.
9.2 By making a Booking, the Client acknowledges that they may be liable for an additional fee(s), or as stated in the Additional Terms (as applicable).
9.3 You shall indemnify and defend Self Growth Institute and its employees, agents and contractors (those Indemnified) against claims, liabilities, losses, damages, costs and expenses made against, or suffered or incurred by, those Indemnified as a result of or relating to a Session or the use of the Services in contravention of or not as contemplated by these Terms, including if set out in the Additional Terms.
10 Complaints and Cancellation
10.1 Any complaint or cancellation in relation to a Session will be organised directly between the Client and Counsellor. The handling of a complaint and a cancellation of a Session is at the Counsellor’s sole discretion pursuant to the Additional Terms. If a complaint is made to Self Growth Institute regarding a Session, then Self Growth Institute will refer the complaint to the Counsellor.
10.2 If a Client wishes to change the date and/or time of a Session, provided the Client gives at least 48 hours prior to the time of the Session, the Client can choose a suitable alternative Session time and/or date. In the event that a Counsellor is unable or unwilling to accept a Booking following a Client requesting such a change, Self Growth Institute will treat the Booking as cancelled by the Client.
10.3 The Client acknowledges and agrees that if the Client does not attend the Session at the agreed upon time, and the Session has not been cancelled or reschedule, then, in additional to any other fee, the Client will be required the pay the entire Purchase Price.
10.4 If a Counsellor wishes to change the date and/or time of a Session, in the event that the Client is unable or unwilling to agree to such change, Self Growth Institute will treat the Booking as cancelled by the Counsellor and will refund the Client the full amount of the Booking.
11 Refund Policy
11.1 If the Booking is cancelled more than 48 hours prior to the Session taking place, the Client will be refunded the full amount of the Session.
11.2 If the Booking is cancelled 48 hours or less prior to the Session taking place, the Client will not be entitled to any refund.
11.3 Any refunds pertaining to a Session are to be organised directly between the Client and Counsellor. A refund is at the Counsellor’s sole discretion pursuant to the Additional Terms and will not include any fees or commissions.
12 Copyright and Intellectual Property
12.1 The Website, the Services and all of the related products of Self Growth Institute are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the Content) are owned or controlled for these purposes, and are reserved by Self Growth Institute or its licensors.
12.2 Self Growth Institute retains all rights, title and interest in and to the Website and all related Content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, logo, trademark, industrial design, patent, registered design or copyright of Self Growth Institute; or
(b) the right to use or exploit a business name, trading name, domain name, logo, trademark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
12.3 Each User retain all rights, title and interest (including copyrights, patents and trade marks) in its Session Listing and any of its other content uploaded on the Website (the Uploaded Content). The User grants to Self Growth Institute a non-exclusive, transferable, royalty-free licence to use your Uploaded Content, trade marks and business name for marketing and promotional purposes via the Website, social media and any other medium Self Growth Institute deems fit. Self Growth Institute will own any results, methodologies, data or meta data, including any analyses, index results, or reports, which is either contained within, gleaned through, derived from, captured by, or generated by your use of the Services or the Uploaded Content (Derivative Materials).
12.4 You acknowledge and agree that Self Growth Institute exclusively and unconditionally owns the Moral Rights in all the Derivative Materials, Uploaded Content, materials and documents relating to the Products or Services.
12.5 You acknowledge and agree that to the extent that you have Moral Rights in any of the Content, Derivative Materials, Uploaded Content, materials, and documents relating to the Terms, you will provide a Moral Rights Consent to Self Growth Institute.
12.6 You may read and copy the Material to the extent necessary to use the Services and receive the Products, but you may not publish, resell or sub-licence it. Self Growth Institute makes no guarantees, representations or warranties about the accuracy or correctness of any of the information on Self Growth Institute.
12.7 For purposes of clause 12.8, the term “Marks” will mean the trademarks, service marks, trade names, copyrights, logos, slogans and other identifying symbols and indicia of the applicable party. All uses of a party’s Marks by the other party will be in the form and format specified in the media or promotional guidelines (if any).
12.8 Subject to these Terms, you hereby grant to Self Growth Institute and its affiliates for no consideration, a limited, non-exclusive and non-transferable license to use your Marks, on a royalty-free basis, for the sole purpose of performing the promotional activities as set forth in media or promotional guidelines (if any). All goodwill related to the use of any Marks shall inure to the benefit of the owner of such Marks. Each Mark licensor reserves the right to revoke the licensee’s permission to use the licensor’s Marks should the use be noncompliant with the media or promotional guidelines (if any), or negatively impacts or disparages the Mark.
12.9 You may not, without the prior written permission of Self Growth Institute and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose.
13 Privacy
Self Growth Institute takes your privacy seriously and any information provided through your use of the Website and/or the Services are subject to the Privacy Policy.
14 General Disclaimer
14.1 You acknowledge and agree that Self Growth Institute does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
14.2 Self Growth Institute does not warrant or represent that the Sessions listed on the Website are free from error or omission or that they have been accurately described.
14.3 Self Growth Institute does not provide any guarantees as to the quality of the Sessions listed on the Website and that the Sessions will meet your expectations.
14.4 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
14.5 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Self Growth Institute will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Client Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
14.6 Use of the Website, the Services, the Online Portal and any of the products of Self Growth Institute is at your own risk. Everything on the Website, the Services, the Online Portal and the products of Self Growth Institute, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Self Growth Institute make any express or implied representation or warranty about its Content or any products or Services (including the products or Services of Self Growth Institute) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) any interruption to the access of the Website for a period of time;
(d) costs incurred as a result of you using the Website, or the Services;
(e) the Content or operation in respect to links which are provided for the User’s convenience;
(f) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(g) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
14.7 Self Growth Institute does not warrant that:
(a) the Website will meet the Client’s requirements;
(b) the Website will be uninterrupted, timely, secure, or error-free;
(c) any information that may be obtained for the use of the Website will be accurate or reliable; and
(d) any errors in the Website will be corrected.
15 Competitors
15.1 If you are in the business of providing similar Services as Self Growth Institute, for the purpose of providing them to users for a commercial gain, then you are a competitor of Self Growth Institute. Competitors are not permitted to use or access any information or content on the Website. If you breach this clause, Self Growth Institute will hold you responsible for any loss that Self Growth Institute may sustain and hold you accountable for all profits that you might make from such a breach.
16 Limitation of Liability
16.1 All Parties’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms, or where you have not paid the Purchase Price, then the total liability of Self Growth Institute is the resupply of the Services to you.
16.2 You expressly understand and agree that the Parties to these Terms, and their affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
16.3 Self Growth Institute is not responsible or liable for, including loss of profit, in any manner for:
(a) any site content (including the Content and Third Party Content) posted on the Website or in connection with the Services, whether posted or caused by users of the Website of Self Growth Institute, by third parties or by any of the Services offered by Self Growth Institute;
(b) any loss or damage resulting from a Session or while dealing with a Counsellor;
(c) any loss of profits, sales, business, or revenue;
(d) any failure or delay due to matters reasonably beyond our control;
(e) if the Client or Counsellor does not attend the Session at the time arranged.
(f) the Client’s use of, or inability to use, the Website;
(g) use of, or reliance on, any free content displayed on our site;
(h) business interruption; or
(i) any loss of business opportunity or reputation.
16.4 Self Growth Institute does not control and is not responsible for:
(a) the behaviours and actions of Users. Accordingly, Self Growth Institute is not responsible for any offensive, inappropriate, obscene or unlawful actions that you may encounter when liaising with the Clients or Counsellor, or in connection with your use of the Services; or
(b) arranging the date, time and facilitation of the Session.
16.5 Self Growth Institute will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to you downloading any of its Content or any third party website linked to it.
16.6 Self Growth Institute assumes no responsibility for the content of third party websites linked to the Website. You acknowledge and agree that such links are not endorsed by us and Self Growth Institute will not be liable for any loss or damage that may arise from your use of them.
17 Termination
17.1 The Terms will continue to apply until terminated by either you or by Self Growth Institute as set out below.
17.2 If you want to terminate the Terms, you may do so by closing your accounts for all of the Services which you use, where Self Growth Institute has made this option available to you.
17.3 Self Growth Institute may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Self Growth Institute is required to do so by law;
(c) the partner with whom Self Growth Institute offered the Services to you has terminated its relationship with Self Growth Institute or ceased to offer the Services to you;
(d) Self Growth Institute is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Services to you by Self Growth Institute is, in the opinion of Self Growth Institute, no longer commercially viable.
17.4 Subject to local applicable laws, Self Growth Institute reserves the right to discontinue or cancel your use of and access to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if the Counsellor no longer holds the required registration with the relevant authority, or if your conduct impacts Self Growth Institute’s name or reputation or violates the rights of those of another party.
17.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Self Growth Institute have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply indefinitely.
18 Indemnity
18.1 You agree to indemnify Self Growth Institute, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website and/or Services, including, but not limited to:
(a) any misuse of the Website or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
(b) your breach of the Terms, including any misuse of the Content;
(c) any interaction between the Clients and the Counsellor, including but not limited to the provision of the Session, the activities conducted in the Session, sale of a Session, a Session or a Session Listing; or
(d) any activity which you engage in on the Website or through Self Growth Institute, including uploading or posting information.
18.2 This indemnity will survive termination of the Terms.
19 Force Majeure
19.1 Force Majeure Event means a cause beyond a Party’s reasonable control such as acts of God, regulation or other acts of civil or military authority, a change in laws, fires, riots, protests, embargoes, floods, epidemics or any communicable diseases, quarantine restrictions, delays in transportation, inabilities to obtain necessary labour, materials, or manufacturing facilities, or telecommunication or utility failure or outage.
19.2 No Party to the Terms will liable to any other Party for any loss or damages resulting from for the delay or failure to perform as required by any provisions of the Terms, or Additional Terms, that result from or related to a Force Majeure Event, excluding payment by the Client.
20 Dispute Resolution
20.1 If a dispute arises out of or relates to the Terms, any parties may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):
(a) A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(b) On receipt of that notice (Notice) by that other party, the parties to the Terms (the Dispute Parties) must within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
(c) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Dispute Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee.
(d) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
(e) The mediation will be held in Melbourne, Victoria.
(f) For the avoidance of doubt, the Dispute Parties need not attend the mediation or other means of resolution in person. The Dispute Parties may attempt to resolve the matter via any means of electronic communications.
(g) All communications concerning negotiations made by the Dispute Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
(h) If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Dispute Party may ask the mediator to terminate the mediation and the mediator must do so.
(i) In the event that the Dispute is not resolved at the conclusion of the mediation, either Dispute Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
21 Venue and Jurisdiction
21.1 The Services offered by Self Growth Institute is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
22 Governing Law
22.1 The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria,, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
23 Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
24 Entire Agreement
These Terms and any terms referenced or linked herein constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.
25 Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
26 Waiver
26.1 A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it.
26.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
26.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.
27 Assignment
27.1 You may not assign your rights or delegate your duties under these Terms or any additional terms without our prior written consent.
27.2 A purported assignment without written consent will be deemed to be void and convey no rights.
27.3 Self Growth Institute may assign its rights or delegate its duties under these Terms or any additional terms without our prior written consent.
28 Contact
If you wish to notify us about anything relating to these Terms, please email us at [email protected]
All rights reserved. Copyrights 2024 Self Growth Institute | Telehealth Psychology Services
