Terms and Conditions of Use

Please read these terms and conditions carefully before using our service and products.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meaning defined under the following conditions.  The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest of other securities entitled to vote for election of directors or other managing authority

Country refers to Victoria, Australia.

Company (referred to as either “the Company” “we” “us, or “our” in this agreement refers to the services provided by Kate French, Clinical Psychologist or Side by Side Psychology, 161 Lime Aveune, Mildura.

Device means any device that can access the Service or Product such as a computer, a cellphone or a digital tablet.

Service refers to the Website and Programs by Kate French, Clinical Psychologist.

Terms and Conditions (also referred as “terms”) means these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.  This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

Third-Party Social Media Service means any services or content (including data, information products or services) provided by a third-party that may be displayed, included or make available by the Service.

Website refers to Kate French, Clinical Psychologist and Side by Side Psychology, made accessible from www.katefrenchclinicalpsychologist.thinkific.com

And www.thekatefrench.com.au, www.thekatefrench.com and www.sidebysidepsychology.com.au 

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company.  These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms and Conditions.  

These Terms and Conditions apply to all visitors, users and others who access or use the Service.

Your represent that you are over the age of 18.  The Company does not permit those under 18 to use the service.

Your access to and use of the the Services is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company.  Our Privacy Policy describes Our Policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read our Privacy Policy carefully before using our Service

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website or services.  You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly , for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.  We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

The Company may from time to time provide on its website, links to other websites, advertisements, and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between the Company and the owners of those websites. The Company takes no responsibility for any of the content found on the linked websites.

The Company and products of the Company may contain information or advertisements provided by third parties for which the Company accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. A ‘recommendation’ is not advice nor do we take any responsibility for any advice received in this regard.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any Provision of of this Terms and Your exclusive remedy for the foregoing shall be limited to the amount actually paid by You through to the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including but not limited to, damages for loss of profits, loss of data or other information for business interruption, for personal, injury, loss of privacy arising out of or in a any way related to the use of the Service, third-party software and/or third-party hardware used with this service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has  been advised of the possibility of such damages  and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may no apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind.  

To the maximum extend permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.  

Without limitation to the foregoing, the Company provided no warranty or undertaking and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or with with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error fee or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, expresso or implied: (i) as to the operation or availability of the Service, or the information content, and materials or produces included thereon; (ii) that the Service will be uninterrupted or error-free, (iii) as to the accuracy, reliability or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You.  But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

General disclaimer

All products by the Company are intended for general education and information purposes only. Nothing on the site or in products/services provided should be interpreted as legal, medical, tax or other professional advice.

Competition and Consumer Act

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), the Company’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

Terms and Conditions When Investing In Consulting, Training or Education

Please ensure that you choose to invest wisely with us. There are no refunds made available to you due to change of mind. All programs, training programs and education sessions (and other such services provided by the Company are based on You and Your Company doing ‘the work’ and implementing the training/consulting/education as required in order for you to achieve the result you require.

Refunds and Cancellations

The refunds and cancellation terms are as follows: Programs and products-no refund applicable outside of statutory rights.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.  Your use of the Application may also be subject to other local, state, national or international laws.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Exclusion of Competitors

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of the Company.  The Company expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then the Company will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such un-permitted and improper use. The Company reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

Copyright, Trademark and Restrictions of Use

This website may contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Deliver of Goods

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

Your Privacy

The Company is committed to protecting your privacy. We use the information we collect about you to maximise the services 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 read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. The Company’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

Third Parties

We do not and will not sell or deal in personal or customer information. We may, however, use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

Severabilty and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall e the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made the available to You on our Service.  You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.  If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect.  What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms.  If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact Us by email: katefrench@sidebysidepsychology.comau

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