Therapists Rising:
Terms and Conditions
of Purchase

Therapists Rising: Terms and Conditions of Purchase

Effective Date: February 2025

1. Definitions and Interpretation

1.1 Definitions

In these Terms and Conditions, the following definitions apply:

• Agreement means these Terms and Conditions of Service, which govern the relationship between the Company and the Client.
• Australian Consumer Law (ACL) refers to Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.
• Client means the individual or entity purchasing or participating in the Services provided by the Company.
• Company refers to Therapists Rising ACN 660 188 821, including its directors, employees, contractors, and affiliates.
• Confidential Information means any information disclosed by one party to the other in connection with the Services, including but not limited to business strategies, personal information, and proprietary materials.
• Content includes all Program materials, resources, and information provided as part of the Services, whether in digital, printed, or any other form and the Intellectual Property that subsists with the Content.

1.2 Interpretation

• Headings in this Agreement are included for convenience only and do not affect the interpretation of the terms.
• References to any legislation or law include any amendments, re-enactments, or replacements of that legislation or law.
• Words in the singular include the plural and vice versa, unless the context requires otherwise.

2. Australian Consumer Law (ACL)

2.1 Application of Australian Consumer Law

• The Services provided by the Company are subject to the guarantees and protections set out in the Australian Consumer Law (ACL).
• Under the ACL, the Client is entitled to certain statutory guarantees, including but not limited to guarantees that the Services will be provided with due care and skill, will be fit for the intended purpose, and will be delivered within a reasonable time.
• If the Services fail to meet any statutory guarantee under the ACL, the Client may be entitled to a remedy, which may include a refund, replacement, or compensation for damages.
• The Company’s liability for any failure to comply with a statutory guarantee under the ACL is limited to:
  • the resupply of the Services; or
  • the payment of the cost of having the Services resupplied.
• The limitations set out in this clause do not apply to any liability that cannot be excluded or limited under the ACL.
• The Client acknowledges that the Company’s liability for any breach of the ACL is limited to the maximum extent permitted by law.
• The Client agrees to notify the Company in writing of any claim under the ACL within a reasonable time of becoming aware of the issue.
• The Company reserves the right to assess and resolve any claims under the ACL in accordance with its dispute resolution procedures outlined in this Agreement.

3. Service Scope and Delivery

3.1 Service Offerings

• The Company provides a range of Services designed to assist mental health-care practitioners, registered psychologists, and therapists in developing and growing their businesses.
• These Services may include, but are not limited to, coaching programs, consulting services, and educational courses.
• The specific details of each Service, including its duration, inclusions, and delivery methods, will be outlined in the relevant Program description or agreement provided to the Client.
• The Client acknowledges and agrees that:
  • despite being operated by Dr. Hayley Kelly, a registered psychologist, the Services do not constitute psychological services; and
  • by participating in the Services, the Client is engaging in business coaching and development, not psychological or therapeutic services.
• The Company may modify delivery methods provided that:
  • changes do not materially affect program quality;
  • Clients receive reasonable notice;
  • core program elements remain unchanged.

3.2 Service Restrictions

The following restrictions apply to the provision of Services:

• current or former clients of the Company or Dr. Kelly’s psychological practice may not participate in the Services until six (6) months after ceasing psychological services;
• participants in the Services may not become psychological clients of the Company or Dr. Kelly until three (3) months after completing the Services;
• any requests for cross-referrals between psychological services and the Services will be assessed on a case-by-case basis at the Company’s sole discretion.

3.3 Clinical Support

If the Company determines that issues arise beyond the scope of the Services:

• the Company may terminate the Client’s participation in the Services;
• the Company may recommend appropriate clinical support;
• in the event of termination under this clause, the Company may, at its discretion, provide a partial refund.

3.4 Delivery Methods

• The Services may be delivered through various methods, including but not limited to online platforms, such as membership portals and videoconferencing tools.
• The Services may also include printed or digital materials, such as PDFs, videos, and audio content.
• The Services may involve live or recorded group or individual sessions, which may be conducted in person or online.
• The Company reserves the right to modify the delivery methods of the Services at its discretion, provided that such modifications do not materially affect the quality or nature of the Services.

3.5 Technology Requirements and Access

The Client is responsible for ensuring they have:

• A computer with video camera and speakers
• Reliable internet connection
• Access to a private, quiet space

3.6 Technical Access

• The Client acknowledges that:
  • they are responsible for all costs associated with meeting the technical requirements;
  • online communication may have inherent privacy and security limitations; and
  • technical difficulties do not constitute grounds for refund unless they result from the Company’s systems.
• The Client is responsible for ensuring they have adequate technology and internet connectivity to access the Program.

3.7 Client Responsibilities

• The Client agrees to provide accurate, complete, and up-to-date information as required for the provision of the Services.
• The Client further agrees to engage with the Services in good faith and to the best of their ability, including participating in all required activities and completing all assigned tasks.
• The Client acknowledges that the results of the Services are not guaranteed and depend on the Client’s commitment, effort, and individual circumstances.

3.8 Company Responsibilities

• The Company agrees to provide the Services with reasonable care, skill, and diligence, in accordance with industry standards and best practices.
• The Company further agrees to communicate with the Client honestly, promptly, and in a professional manner.
• The Company agrees to respond to Client inquiries, questions, and feedback regarding the Services in a timely and respectful manner.

4. Payment Terms and Conditions

4.1 Fees

• The fees for the Services will be specified in the relevant Program description or agreement provided to the Client.
• All fees are inclusive of GST unless otherwise stated.

4.2 Payment Options

The Client may choose to pay the fees for the Services in one of the following ways: in full upfront, prior to the commencement of the Services, or via an agreed payment plan, subject to the Client signing a separate payment plan agreement with the Company.

4.3 Payment Obligations

• The Client agrees to pay all fees in accordance with the agreed terms and conditions.
• Failure to meet payment obligations, including any missed payments under a payment plan, may result in suspension or termination of the Client’s access to the Services.

4.4 Late Payments

• The Company may suspend Program access if payment obligations are not met.
• If the Client fails to make a payment by the due date, the Company may charge interest on the overdue amount at a rate of 5% per annum or the maximum rate permitted by law, whichever is lower.

5. Refund, Cancellation Policies, and Termination

5.1 Refund Eligibility

The Client may be eligible for a refund under the following conditions…

5.2 Refund Requests

Refund requests must be submitted in writing to the Company at hello@therapistsrising.com within 60 days of the Program start date. The Company will review the refund request and notify the Client of its decision, made in its sole discretion, within 14 business days of receiving the request. The Company’s decision is final.

5.3 Cancellation by Client

The Client may cancel their participation in the Services at any time, subject to the refund policy outlined above. If the Client cancels their participation, any outstanding payments under a payment plan will remain due and payable.

5.4 Cancellation by Company

The Company reserves the right to cancel or reschedule the Services due to unforeseen circumstances, such as illness, technical issues, or other events beyond the Company’s control. In the event of cancellation by the Company, the Client will be offered a full refund or an alternative arrangement, such as rescheduling the Services to a later date.

5.5 Termination

The Company may terminate participation if:

• payment obligations are not met;
• the Client engages in disruptive behaviour;
• the Client breaches the terms of this Agreement.

6. No Guaranteed Outcomes and Communication

6.1 Acknowledgement

The Client acknowledges that:

• individual results from the Services may vary;
• success depends on the Client’s commitment, consistency, and implementation;
• testimonials or examples of results achieved by other clients are not guarantees of specific results.

6.2 Implementation Responsibility

The Client accepts:

• sole responsibility for implementing techniques or changes recommended through the Services; and
• that the Company is not responsible for the Client’s success or failure in implementing such recommendations.

6.3 Communication and Support

• The Company will:
  • communicate with the Client honestly and promptly;
  • respond to reasonable queries within business hours; and
  • provide support through designated channels only.
• The Client agrees to:
  • maintain professional and respectful communication;
  • provide timely responses to Company requests; and
  • use designated communication channels only.

7. Intellectual Property Rights

7.1 Ownership

All Content provided as part of the Services, including but not limited to written materials, videos, audio recordings, and digital resources, is the property of the Company and is protected under Australian and international copyright laws.

7.2 Use of Content

The Client is granted a limited, non-exclusive, non-transferable license to use the Content for personal, non-commercial purposes only. The Client may not reproduce, distribute, publish, or otherwise make available the Content to any third party without the prior written permission of the Company.

8. Confidentiality Obligations

8.1 Confidential Information

Both the Company and the Client agree to keep confidential any information disclosed during the provision of the Services, including but not limited to business strategies, personal information, and proprietary materials. Confidential information may only be disclosed if required by law or with the prior written consent of the disclosing party.

8.2 Privacy Compliance

The Company will handle all personal information collected from the Client in accordance with its Privacy Policy and the Privacy Act 1988 (Cth). The Client acknowledges that they have read and understood the Company’s Privacy Policy, which is available on the Company’s website.

9. Liability Limitations and Indemnities

9.1 Limitation of Liability

To the maximum extent permitted by law, the Company excludes liability for any direct, indirect, special, or consequential loss or damage arising from the Client’s participation in the Services. The Company’s total liability for any claim arising under this Agreement is limited to the total fees paid by the Client for the Services.

9.2 Indemnity

The Client agrees to indemnify and hold harmless the Company, its directors, employees, and affiliates from any claims, losses, or damages arising from the Client’s breach of this Agreement or their use of the Services.

10. Dispute Resolution Procedures

10.1 Negotiation

In the event of a dispute arising under this Agreement, both parties agree to first attempt to resolve the matter through good faith negotiation.

10.2 Mediation

If the dispute cannot be resolved through negotiation, the parties agree to engage in mediation before pursuing any legal action. The mediation will be conducted by a mutually agreed mediator, and the costs of mediation will be shared equally between the parties.

11. Term and Termination Provisions

11.1 Term

This Agreement commences on the date the Client accepts these Terms and Conditions and continues until the completion of the Services, unless terminated earlier in accordance with this Agreement.

11.2 Termination by Company

The Company may terminate this Agreement immediately if the Client engages in disruptive, abusive, or inappropriate behaviour, or if the Client breaches any material term of this Agreement. In the event of termination by the Company, no refund will be provided, and any outstanding payments under a payment plan will remain due and payable.

11.3 Termination by Client

The Client may terminate this Agreement at any time by providing written notice to the Company. If the Client terminates this Agreement, any outstanding payments under a payment plan will remain due and payable, and the Client may be eligible for a refund in accordance with the refund policy outlined above.

12. Force Majeure

12.1 Force Majeure Events

Neither party will be liable for any failure or delay in performing their obligations under this Agreement if such failure or delay is caused by a force majeure event, including but not limited to natural disasters, pandemics, government actions, or other events beyond the reasonable control of the affected party.

12.2 Notification

The party affected by a force majeure event must notify the other party in writing as soon as practicable and take reasonable steps to mitigate the impact of the event.

13. Governing Law and Jurisdiction

13.1 Entire Agreement

This document together with the application that the Client completes as part of the onboarding signup process to become a Client constitutes the entire agreement of the parties and supersedes all prior discussions, undertakings and agreements

13.2 Severability

• If any provision of this Agreement is found to be invalid or unenforceable:
  • the provision will be severed from this Agreement;
  • the remaining provisions will continue in full force and effect; and
  • where possible, the invalid provision will be replaced with a valid provision that achieves substantially the same effect.

13.3 Governing Law

This Agreement is governed by the laws of New South Wales, Australia.

13.4 Jurisdiction

Any disputes arising under this Agreement will be subject to the exclusive jurisdiction of the courts of New South Wales.