Therapists Rising: The Incubator Plus
Therapists Rising Incubator Plus - Terms and Conditions of Purchase
Last Updated: 1st November 2024
1. Introduction and Overview
Therapists Rising (ABN: 33 660 188 821, ACN: 660 188 821) (“The Company”) offers the Incubator Plus program (“the Program”) to provide therapists with ongoing support, business development tools, and access to professional resources. By purchasing or using the Program, you (“the Member”) agree to comply with these Terms and Conditions (“Agreement”), which constitute a legally binding agreement between you and The Company. The Program is provided solely for your personal, non-commercial use.
2. Acceptance of Terms
By accessing and using the Incubator Plus program, you acknowledge that you have read, understood, and agree to these T&Cs and the Company’s Privacy Policy. Your continued participation in the Program confirms your ongoing acceptance of this Agreement, including any modifications. If you disagree with any part of this Agreement, please do not proceed with purchasing or using the Program.
3. Program Description and Access
Incubator Plus is a subscription-based Program that grants active members access to:
- Fortnightly 90-minute live group Q&A and hot seat calls with Dr. Hayley Kelly or a member of the coaching faculty;
- Quarterly expert masterclasses on various business and professional development topics;
- A growing library of masterclasses and plug-and-play templates;
- A private Facebook group for community support;
- Fortnightly tech tutorials, accessible through the Innovorise Platform;
- Complimentary access to the Innovorise Platform during an active membership;
- One (1) 15-minute 1:1 coaching call with a Therapists Rising Mentor each calendar month.
Subscription-Based Access
All resources, materials, and features of the Program are accessible only while your subscription is active. Access to all content will immediately terminate upon the end of a paid subscription period, with no refunds or credits issued for any unused access. No content, whether live or recorded, is accessible after the membership has ended. Membership in the Program is non-transferable and non-assignable, and is intended solely for the personal use of the Member.
The Company is not responsible for any issues arising from third-party services used in conjunction with the Program, such as the Innovorise Platform.
4. Eligibility and Member Responsibilities
By participating in the Program, members confirm they meet the following eligibility and responsibility requirements:
- Members must be at least 18 years old or have parental/guardian consent if under 18.
- Members agree to communicate with the Company honestly and promptly.
- Members commit to actively engage in the Program and be receptive to coaching and guidance.
- Members acknowledge that results vary based on individual effort and circumstances, and the Company makes no guarantees regarding specific outcomes.
- Members understand that participation is voluntary and undertaken at their own risk.
The Program is not a substitute for psychological, medical, financial, or legal services, and the Company does not provide professional advice in these areas.
5. Fees, Payments, and Cancellations
The fees for the Program are as follows:
- Monthly Subscription: $197 AUD per month, inclusive of GST.
- Annual Subscription: $1970 AUD per year, inclusive of GST.
Automatic Renewal
By enrolling in the Program, you agree to automatic renewal of your subscription, with payment charged at the beginning of each billing period (monthly or annually). You may cancel at any time; however, cancellations apply only to future billing cycles, and all fees paid are non-refundable unless explicitly stated. All cancellation requests must be submitted five business days prior to your next payment to ensure you are not charged. You are responsible for maintaining accurate and current payment information. Failure to do so may result in suspension or termination of access to the Program.
You will receive an automatic renewal reminder email before the renewal of annual subscriptions.
Fee Changes
The Company reserves the right to modify Program fees. Any fee changes will be communicated to members in advance and will apply only to future billing cycles.
Cancellation Policy
Cancellations must be submitted in writing via email to hello@therapistsrising.com. Upon cancellation, you will retain access to the Program until the end of your paid period, after which all access, including to the Facebook group and resources, will be terminated. No refunds or credits are provided for unused portions of the subscription.
7-Day Cooling-Off Period
You may request a full refund if you cancel within seven (7) days of your initial purchase of the subscription. This refund policy applies only to first-time purchases and does not extend to subscription renewals.
6. 15-Minute Monthly 1:1 Coaching Calls
As part of the Program, active members are eligible to receive one (1) 15-minute 1:1 coaching call with a Therapists Rising Mentor each calendar month. These calls are intended to provide general guidance within the scope of the Program and do not constitute therapy, clinical advice, or other professional services.
The coaching calls:
- Do not accumulate and must be used within the calendar month in which they are allocated;
- Cannot be rescheduled outside of the calendar month for which they are allocated, regardless of availability or scheduling conflicts;
- Are forfeited if not used within the designated calendar month.
Unutilized coaching calls do not qualify for refunds, credits, or extensions. All calls are subject to mentor availability, and it is the member’s responsibility to schedule their call within the month. By participating in these coaching calls, members acknowledge that the guidance provided is general in nature and not a substitute for professional or clinical services.
7. Intellectual Property
All materials, content, and resources provided in the Program, including but not limited to digital content, live sessions, recordings, documents, templates, and any other resources, are proprietary to The Company and protected by copyright and intellectual property laws. Members are granted a limited, revocable, non-transferable, and non-exclusive license to access and use these materials solely for personal, non-commercial purposes while their membership is active. All rights not expressly granted to members are reserved by The Company.
Prohibited Uses
You may not copy, share, modify, reproduce, distribute, or otherwise make any program materials available to third parties without prior written permission from The Company. Unauthorized use, sharing, or distribution of materials will result in immediate termination of membership without refund, forfeiture of all program access, and potential legal action. Additionally, you may be held liable for damages resulting from unauthorized use of The Company’s intellectual property, including but not limited to lost profits and reputational harm.
8. Limitation of Liability
To the fullest extent permissible under Australian law, the Company disclaims all warranties, express or implied, regarding the Program’s content, resources, and outcomes. The Program is provided on an “as-is” basis, and participation is at the member’s own risk.
Members are solely responsible for their actions and decisions based on Program content, and the Company shall have no liability for any outcomes or consequences.
Except as required by Australian Consumer Law, the Company is not liable for any direct, indirect, incidental, special, or consequential damages or losses incurred in connection with participation in the Program, including but not limited to any financial losses, personal injuries, or other damages that may arise from use of or reliance on the Program’s content and resources. Any remedies available to members are limited to those expressly provided under Australian Consumer Law.
9. Privacy and Data Collection
The Company collects, stores, and manages member information in compliance with the Privacy Act 1988 (Cth) and applicable Australian privacy laws. Your personal information is handled as detailed in our Privacy Policy, which can be accessed on our website. By joining the Program, you consent to the collection, use, and storage of your information for purposes related to program delivery, administration, and communication.
The Company takes reasonable steps to protect your personal information from misuse, interference, loss, unauthorized access, modification, or disclosure. As a member, you consent to receive communications related to the Program, including emails and other notifications.
You have the right to access and correct your personal information at any time. For more details or to exercise these rights, please refer to our Privacy Policy or contact us directly.
10. Termination of Access and Conduct Policy
The Company reserves the right, at its sole discretion, to terminate a member’s access to the Program if the member engages in disruptive, inappropriate, or harmful behavior. This includes, but is not limited to:
- Unauthorized sharing or distribution of program content;
- Use of abusive, offensive, or discriminatory language;
- Conduct that negatively impacts the community environment or the experience of other members;
- Breach of confidentiality or violation of the Company’s intellectual property rights.
In the event of termination, the member will be notified in writing, and all access to Program resources will cease immediately. No refunds will be issued for termination due to misconduct. The Company also reserves the right to pursue legal action if any behavior involves a breach of intellectual property or other unlawful activities.
11. Dispute Resolution and Governing Law
This Agreement is governed by and shall be construed in accordance with the laws of New South Wales (NSW), Australia. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of New South Wales (NSW).
Dispute Resolution Procedure
In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, the parties agree to the following process:
- Negotiation: Both parties shall first attempt to resolve the dispute informally through good faith negotiations within 14 days of the dispute arising.
- Mediation: If the dispute is not resolved through negotiation, either party may refer the matter to mediation administered by the Australian Disputes Centre or another agreed-upon mediator. The mediation shall be conducted in accordance with the mediator's guidelines, and the parties agree to share the costs equally.
- Litigation: If the dispute is not settled through mediation within 30 days of referral, either party may commence legal proceedings in the courts of New South Wales (NSW), Australia.
By enrolling in the Program, you agree to this exclusive jurisdiction and venue and waive any objections to such jurisdiction or venue, including any objections based on the inconvenience of the forum.
Time Limitations
Any cause of action or claim you may have arising out of or relating to this Agreement must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
12. Changes to Terms and Conditions
The Company reserves the right to modify, update, or revise these Terms and Conditions at any time. Any significant changes will be communicated to members at least [14] days prior to the changes taking effect.
Notification of Changes
Members will be notified of changes via:
- Email: Sent to the email address provided in your account details.
- Website Posting: Updated Terms and Conditions will be posted on our website at www.therapistsrising.com.
Significant Changes
Significant changes include but are not limited to modifications to Program access, fees, or cancellation terms.
Acceptance of Changes
Your continued participation in the Program following the notification period constitutes acceptance of the revised Terms and Conditions. If you do not agree to the changes, you have the right to cancel your subscription before the new Terms take effect, in accordance with the Cancellation Policy outlined in Section 5.
Non-Retroactivity
Unless otherwise required by law, any changes to these Terms and Conditions will not apply retroactively and will not affect any rights or obligations that have already accrued prior to the effective date of the changes.
13. Force Majeure
The Company will not be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control. Force majeure events include, but are not limited to, natural disasters, acts of government, pandemics, strikes or other labor disputes, technical outages, internet or telecommunications failures, and any other event that renders performance impracticable.
In the event of a force majeure delay, the Company reserves the right to suspend or modify Program services temporarily. If the force majeure event persists for an extended period, the Company may terminate the Program or this Agreement without liability. Members are not entitled to refunds, credits, or other compensation for delays or disruptions caused by force majeure events.
14. Entire Agreement and Severability
This Agreement constitutes the entire understanding between the Company and the Member regarding the Incubator Plus Program and supersedes all prior agreements, representations, or understandings, whether written or oral. Any modifications to this Agreement must be made in writing and agreed to by both parties.
If any provision of this Agreement is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable. All other provisions shall remain in full force and effect, and the validity or enforceability of the remaining provisions shall not be affected.
Contact Information
For questions regarding these Terms & Conditions, please contact Therapists Rising at hello@therapistsrising.com.