Terms & Conditions.
ONLINE COURSE TERMS AND CONDITIONS
WHO THESE TERMS APPLY TO
Amanda Campbell trading as Bend Like Bamboo ABN [ABN 59 166 123 735] (we, us or our) owns and operates this platform and the online course material content and resources (Content).
As the course purchaser and student, you are referred to as you or your throughout these terms and conditions (Terms).
SCHEDULE TO THESE TERMS
Course Details
The Course details are:
6 X individual courses;
1. Introduction
2. Happy Body
3. Happy Food
4. Happy Mind
5. Connection
6. The Journal
Or the bundle of all 6 above at a discounted fee.
Included as part of these terms and conditions is also our group zoom challenges and lunch and learns.
No Guarantees
(As set out in these Terms we cannot guarantee any specific results as a result of our Course and in particular, cannot guarantee results for the items listed in the right hand column)
We cannot guarantee that, as a result of completing the Course you will: see increased income, be able to meditate, feel calmer, feel happier, eat healthier, be more confident, get out of survive mode and move into thrive mode, reduce stress, process motions etc.
Governing Law
Victoria
Privacy Policy
https://www.bendlikebamboo.com/privacy-policy
PART ONE – THE COURSE(S)
1. Welcome
1.1 We own and operate the Course (Course) and provide it through several different methods, including our websites www.bendlikebamboo.com and www.amandacampbell.com.au dialogue with you, email and other forms of communication. All of the platforms we use and the ways we communicate with you are referred to as the Platform in these Terms and include any website or third party forum such as Facebook or Zoom that we use.
1.2 These Terms into effect when you register for the Course(s). In enrolling in the course(s) you agree to these Terms applying to you.
2. Our contract with you
2.1 When you enrol in the Course(s), we will send you an email confirming receipt of your enrolment and confirmation you are accepted in the Course(s). It is at this point a contract is in place between us.
2.2 To undertake the Course, we grant you a licence for personal and for non-commercial use for the limited, revocable, non-exclusive and non-transferable participation in the Course(s).
2.3 As part of that licence and the participation in the Course(s), you agree not to copy, reproduce, distribute or use the content included in our Course(s) (Content). Further, you agree not to sell, transfer, lease, modify, distribute or publicly perform the Content.
2.4 If you breach this agreement by sharing our information or misusing it, we reserve the right to end your participation in the Course(s) before it ends at our discretion.
3. Pricing of the Course(s)
The Price of our Course(s) is listed on our Platform at the time of purchase. While we try and ensure that all details, descriptions, and prices that appear on our Platform are accurate, errors may occur. Where we become aware of any such error, we will endeavour to correct it as soon as we are reasonably able.
4. Payment
4.1 Payment must be made by the method you choose from our Platform and may be paid upfront or on a payment plan, depending on the price of the Course(s) and our payment options (Payment).
4.2 Payment may be subject to additional fees, terms and conditions imposed by the third-party payment processor we use (if any). Where a third-party payment processor is used for Payment, please review the relevant fees and terms of that processer before choosing your payment method.
4.3 You will be charged in Australian dollars unless advised otherwise and where applicable, Goods and Services Tax (GST) will be added to the price.
5. The Course(s)
The Course(s) inclusions are set out in the Schedule to these Terms. We reserve the right to make changes to the Course(s) at any time if we feel that they will be beneficial to the students in the Course(s) at any given time. If we do propose to make a change, we will provide reasonable notice where we are able if you are mid-way through a Course(s), noting no such requirement is applicable where you have finished or graduated from a Course(s).
6. Your Obligations
When you register for the Course(s), you are making an agreement with us that you will:
(a) have access to an adequate internet connection;
(b) be able to participate in the Course(s)without any interruptions;
(c) undertake the Course(s)content as directed by us; and
(d) not record any sessions of the Course(s)without our permission.
7. Coaching Sessions (1 on 1, group sessions or lunch and learns)
Any one-on-one coaching sessions and group coaching sessions with a coach (Coach) included in the Course(s) (Coaching) is provided to you on the following basis:
(a) Coaching is not intended to be a substitute for psychological care or counselling or business or other advice and if this is required, we encourage you to seek an appropriately qualified professional for advice;
(b) you and your Coach are required to uphold confidentiality with regards to any information shared during a session (including group sessions);
(c) group Coaching sessions and lunch and learns are run at a set time and date and cannot be changed;
(d) where one on one coaching is applicable, you agree to provide reasonable notice to cancel or postpone a booked Coaching session and that in cancelling a session and not re-scheduling for a time within the Course(s) time frame you may forfeit your right to the Coaching session.
8. Refund Policy
In signing up to this Course(s), please note that we do not give refunds if you change your mind. Any refund will be at our absolute discretion. If you are unable to participate in the Course(s), we may choose, at our option, to postpone your participation to the next offering of the Course(s) and this is our default option where you cannot participate in the dates for the intake of the Course(s) into which you have enrolled.
Part 2 – Platform, IP, Limitation of Liability & Other General Clauses
9. Platform
When we refer to our Platform it also includes references to third party platforms, we use to deliver the Course(s)to you and which we currently use as at the date of these Terms or may use in the future. By accessing and/or using our Platform, you warrant to us that you:
(a) have reviewed these Terms and our Privacy Policy and note that these two documents together form our agreement with you;
(b) acknowledge and agree that any use of a third-party platform means you will be subject to the terms and conditions of that platform as well as these Terms;
(c) have the legal capacity to enter into this agreement, or if you are under 18 years of age, you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and
(d) agree to use the Platform in accordance with these Terms.
10. Limitation on claims
10.1 We have no liability to the extent that a failure of the Content or your use or implementation of the Content or the associated Coaching is caused by any act or omission on your part.
10.2 We do not guarantee that you will experience any change or transformation in your life and/or business as a result of participating in the Course(s).
10.3 Our liability for failure to comply with a consumer guarantee under the Australian Consumer Law is limited to repair, replacement or re-supply of the goods or services.
10.4 Subject to Clauses 10.1, 10.2, 10.3 and 10.4, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation. In all other respects, our total liability for loss or damage of every kind, whether arising pursuant to these Terms or in any other way out of or in relation to the supply of the services, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the services.
11. Warranty disclaimer
To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Further, the application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
12. Intellectual Property rights
12.1 Unless otherwise indicated, we own or licence all intellectual property rights, title and interest in our Platform, Content and Course(s). Your use and access of our Platform and any Content does not grant or transfer to you any rights, title or interest in relation to our Platform, Course(s) or Content and you agree not to, without our prior written consent:
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:
(1) altering or modifying any of the Content;
(2) causing any of the Content to be framed or embedded in another website or platform; or
(3) creating derivative works from the Content.
13. User Content
13.1 You may be permitted to post, upload, publish or submit relevant information and content, including reviews, on our Platform (User Content). By making User Content available to us, 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, transmit, stream, broadcast, access, or otherwise exploit such User Content on, though, or by means of our Platform.
13.2 You agree that you are solely responsible for all User Content that you make available. 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 or submission of the User Content or our use of the User Content on, through or by means of our Platform 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.
13.3 We do not endorse and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
14. Exclusion of competitors
In signing up for the Course(s), you agree that you will not use our Platform or copy the Course(s) in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, and hold you accountable for any profits that you may make from non-permitted use.
15. Discontinuance
We may, at any time and without notice to you, discontinue our Platform in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
16. Waiver
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
17. No guarantees
17.1 While every effort has been made to accurately represent the Course(s), there is no guarantee that you will achieve the results desired. Your level of success in completing the Course(s) depends on your compliance with your obligations under these Terms, the time you commit and other external factors and we cannot guarantee your success or any particular outcome or transformation, including the matters set out in the Schedule to the Terms under the heading “No Guarantees”.
17.2 You enter into the Course(s)on this basis and agree to hold us harmless for failing to achieve any result desired or success in the Course(s).
18. Disclaimer
18.1 You acknowledge and agree to proceed with the Course(s) on the following basis:
(a) the information provided in our Course(s) is based on our experience in our recognised field;
(b) we make no guarantee as to the likely outcomes or otherwise of participating in the Course(s) or any other program, package or Coaching we offer.
18.2 You warrant that you have not relied on any testimonials published by us as a reliance to purchase the Course(s).
19. Entire agreement
These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
20. Variation
We may modify these Terms from time to time by posting the amended Terms on our Platform. By continuing to participate in the Course(s) after such modification, you agree to the amended terms. If you do not agree to the modifications, you must notify us immediately.
21. Severance
The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
22. Governing law
The Governing Law set out in the Schedule to these Terms governs them. You agree to submit to and be bound by the exclusive jurisdiction of the courts and tribunals in that jurisdiction.
FACE TO FACE KINESIOLOGY TERMS AND CONDITIONS
Cancellations Policy
Here at bend like bamboo we understand that daily challenges and changes can occur. To ensure our sessions run on time for all clients, we do have to implement the following cancellation policy:
· Please provide no less than 48 hours’ notice if you are unable to attend your session
· Should you be required to cancel without providing a minimum of 48 hours’ notice, the session will be charged at the full session fee. Only at the discretion of management and during situations beyond the client’s control will this cancellation fee be excluded
· Should notice be provided above the 48 hours’ notice, you will be able to reschedule without any cancellation fee to a new suitable time for you
· We ask that if you are sick or unwell you do not attend your appointment
· In the event of not attending your appointment, and providing no notice (no show), the full session fee will be due and payable
· Cancellations due to natural disasters are excluded from this policy
Late Policy
· To ensure sessions run on time for all clients, if you are late we advise you that your session cannot run over time and will be required to finish at the due time
· Only at the discretion of management will your session be able to run over time, this is dependent on any client appointments after yours
Refund Policy
· Full refund is available for all sessions cancelled with providing no less than 48 hours’ notice
· All refunds will be subject to processing fees and any additional charges being deducted
· No refund is provided if less than 48 hours’ notice is provided
Private Health Rebates Policy
· Private health insurance rebates and Medicare rebates are not available for kinesiology treatments
COVID Policy
All new clients will be required to sign a COVID waiver acknowledging they understand the current COVID-19 safety protocols. To view our COVID-Safe Policy or for more information please email amanda@bendlikebamboo.com
PODCAST TERMS AND CONDITIONS
· All podcasts provide general information and discussion about health, wellbeing, and related topics. The words and other content provided in the podcasts, are not intended, and should not be construed as professional advice.
· If a listener has any health or medical concerns, they should consult with a professional. Listening to our podcasts does not create a client professional relationship.
· By accessing our podcasts, you acknowledge that we make no warranty, guarantee, or representation as to the accuracy of the information featured by us or by guest speakers in the podcasts.
· Any reliance on the information provided in podcasts are done at your own risk.
· We do not endorse, approve, recommend, or certify any information, product, process, service, or organisation presented or mentioned in our podcasts.
· Any third-party comments, materials or content referenced in the podcasts do not necessarily reflect the opinions, standards, or policies of us.
· We expressly disclaim all liability or responsibility for any direct, indirect, incidental, special, consequential, or other damages arising out of any individual’s use of, reference to, reliance on, or inability to use, the podcasts or the information presented in the podcasts.
· We own and reserve all copyright, trademark, and other intellectual property rights in all of the audio or visual content of the podcasts
· All guests will complete a release form. Guests agree that any rights that the guest may have in the podcasts are hereby assigned to us and our agents, and that we shall be exclusively entitled to use, or to assign or license to others the right to use, the podcast(s) and any recorded material without restriction in the media, including social media