Terms & Conditions of Purchase

Therapists Rising Pty Ltd ABN 33 660 188 821 | ACN 660 188 821

Effective date: 1 July, 2026

1. Definitions and Interpretation

1.1 Definitions

In these Terms and Conditions, the following definitions apply:

Agreement means these Terms and Conditions of Purchase, together with the documents referred to in clause 14.1.

Australian Consumer Law or ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.

Client means the individual or entity purchasing, enrolling in or participating in the Services.

Company, we, us or our means Therapists Rising Pty Ltd (ABN 33 660 188 821).

Competitor has the meaning given in clause 3.12.

Confidential Information means any non-public information disclosed by one party to the other in connection with the Services, including business strategies, personal information, other participants' information and proprietary materials.

Content means all Program materials, resources and information provided as part of the Services, whether live, recorded, digital, printed or in any other form, including videos, audio, recordings, transcripts, templates, worksheets, frameworks, methods and community posts made by the Company, and all Intellectual Property in them.

Event means any in-person or live online workshop, bootcamp, retreat, intensive, mastermind day or similar event forming part of, or sold as, a Service.

Force Majeure Event means any event beyond the reasonable control of the affected party, including natural disasters, extreme weather, pandemics, government orders, illness or injury of a key presenter, venue closure, and failure of third-party platforms or utilities.

GST means goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property means all intellectual property rights, including copyright, trade marks, designs, patents, know-how and trade secrets, whether registered or unregistered.

Payment Plan means an instalment payment option offered by the Company and selected by the Client at checkout or otherwise agreed in writing.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Privacy Policy means the Company's Privacy Policy published on its website, as updated from time to time.

Program means the specific program, course, coaching, membership, bootcamp, Event or digital product purchased by the Client, with the duration, content, inclusions and structure described in the relevant sales page, checkout page or Program description at the time of purchase.

Services means any programs, courses, coaching, consulting, memberships, Events, digital products or other offerings provided by the Company.

1.2 Interpretation

(a) Headings are for convenience only and do not affect interpretation.

(b) References to legislation include any amendment, re-enactment or replacement of it.

(d) The words "including" and "for example" do not limit what else may be included.

2. Australian Consumer Law

2.1 Your rights under the ACL

(a) Our Services come with guarantees that cannot be excluded under the ACL, including that they will be provided with due care and skill, will be reasonably fit for any purpose we are told about or that we represent, and will be supplied within a reasonable time.

(b) If there is a major failure with the Services, you are entitled to cancel your contract and receive a refund for the unused portion, or to compensation for the reduced value. You may also be entitled to compensation for any other reasonably foreseeable loss or damage. If the failure is not a major failure, we may choose to fix the problem within a reasonable time, and if we do not, you may cancel and obtain a refund for the unused portion.

(c) Nothing in this Agreement excludes, restricts or modifies any right, remedy, guarantee or liability under the ACL or any other law that cannot lawfully be excluded, restricted or modified (Non-Excludable Rights). Any clause in this Agreement must be read subject to this clause 2.1(c).

(d) Where the ACL permits us to limit our liability for failure to comply with a consumer guarantee (for example, where the Services are not of a kind ordinarily acquired for personal, domestic or household use), our liability is limited, at our option, to supplying the Services again or paying the cost of having them supplied again.

2.2 Program descriptions

(a) We will supply the Services substantially in accordance with the Program description at the time of purchase.

(b) The inclusions of each Program are those set out in its written sales page, checkout page or Program description. We encourage you to ask us in writing before purchase if you want to confirm whether something is included.

3. Service Scope and Delivery

3.1 Service offerings

(a) The Company provides Services designed to help mental health practitioners, psychologists, therapists and allied health professionals develop and grow their businesses and offers.

(b) Services may include coaching programs, consulting, courses, memberships, Events and digital products.

(c) The details of each Service, including its duration, inclusions and delivery method, are set out in the relevant Program description.

(d) The Client acknowledges that, although the Company is led by Dr Hayley Kelly, a registered psychologist, the Services are business coaching and education, and are not psychological, clinical or therapeutic services.

3.2 Service restrictions

(a) Current or former clients of Dr Kelly's psychological practice may not participate in the Services until six (6) months after ceasing psychological services.

(b) Participants in the Services may not become psychological clients of Dr Kelly until three (3) months after completing the Services.

(c) Requests for cross-referrals between psychological services and the Services will be assessed case by case at the Company's discretion.

3.3 Clinical support

If the Company reasonably determines that a Client's participation raises clinical or wellbeing issues beyond the scope of the Services, the Company may:

(a) recommend appropriate clinical support;

(b) pause or end the Client's participation in the Services; and

(c) if participation is ended under this clause, provide a pro-rata refund for the portion of the Services not yet delivered.

3.4 Delivery methods and changes

(a) Services may be delivered online (including through membership portals, community platforms and video conferencing) or in person, and may include live or recorded group or individual sessions and digital or printed materials.

(b) The Company may change delivery methods, platforms, session times, facilitators, guest experts, schedules or the order of Content, provided that the change does not materially reduce the overall quality, value or core inclusions of the Program. We will give reasonable notice of any significant change.

(c) If a change materially reduces the core inclusions of a Program, the Client may request a remedy, and the Company will offer a reasonable alternative, credit or pro-rata refund.

3.5 Technology requirements

(a) The Client is responsible for having, at their own cost: (i) a device with camera, microphone and speakers; (ii) a reliable internet connection; and (iii) a private, quiet space to participate.

(b) Technical difficulties caused by the Client's equipment, software or internet connection are not grounds for a refund. Technical failures caused by the Company's systems will be addressed under clause 5.3.

3.6 Client responsibilities

(a) The Client agrees to provide accurate, complete and up-to-date information.

(b) The Client agrees to engage with the Services in good faith and acknowledges that results depend on their own participation, effort and circumstances.

3.7 Company responsibilities

The Company agrees to:

(a) provide the Services with due care, skill and diligence;

(b) communicate with the Client honestly and professionally; and

3.8 Health and medical disclaimer

(a) The Services are business coaching and education and are not psychological or therapeutic treatment, medical advice or diagnosis, or a substitute for professional mental health care.

(b) If the Client experiences psychological distress during a Program, they should seek appropriate professional support. In an emergency, call 000. For crisis support, contact Lifeline on 13 11 14.

3.9 Target audience and prerequisites

(a) The Services are designed for qualified mental health professionals, registered health practitioners, and other individuals with relevant professional qualifications and appropriate insurance, unless a Program description states otherwise.

(b) The Services are not suitable for individuals seeking therapeutic support or experiencing acute mental health issues, or practitioners whose participation would be affected by current regulatory restrictions.

3.10 Records

(a) The Company keeps records of enrolment, participation, payments, communications and complaints in accordance with Australian law and the Privacy Policy.

(b) The Client may request access to their Personal Information in accordance with the Privacy Policy.

3.11 Changes to or discontinuance of Services

(a) The Company may retire, replace or discontinue any Program, product or membership.

(b) If the Company discontinues a Program the Client has paid for before it has been fully delivered, the Company will, at the Client's choice where reasonable, provide: (i) access to a comparable Program; (ii) a credit toward another Program; or (iii) a pro-rata refund for the undelivered portion.

(c) For memberships and subscriptions, the Company will give at least 30 days' notice before discontinuing, and no further payments will be charged after the discontinuance date.

(d) Access to self-paced digital Content is provided for the access period stated in the Program description. If no access period is stated, access is provided for as long as the Company continues to offer that Content, and for at least 12 months from purchase.

3.12 Conflict of interest and Competitors

(a) Definition: In this clause, Competitor means any person or entity that currently offers, or is preparing to offer, coaching, mentoring, consulting, courses, workshops, retreats, masterminds, memberships or other programs or services that help therapists, psychologists, counsellors, or allied health or mental health professionals to: (i) build, grow or market a business; (ii) create or sell courses, programs, digital products or other offers; or (iii) develop their work, expertise or career beyond one-to-one client services. It includes any director, employee, contractor, business partner or associate of such a person or entity, and anyone purchasing on their behalf.

(b) Client warranty: By purchasing or enrolling in any Service, the Client warrants that they are not a Competitor, or that they disclosed in writing to the Company before purchase that they are a Competitor and received the Company's written approval to enrol.

(c) Ongoing obligation: If the Client becomes a Competitor during their participation in the Services, they must notify the Company in writing within 7 days.

(d) Right to refuse: The Company may refuse or cancel any order or enrolment where it reasonably believes the Client is a Competitor or has a conflict of interest. If payment has been taken, it will be refunded in full.

(e) Right to terminate: The Company may terminate the Client's access to any Service at any time, by written notice, where it reasonably believes the Client is a Competitor or has a conflict of interest, whether this becomes known before, during or after purchase.

(f) Refunds where no breach: If the Company terminates under clause 3.12(e) and the Client has otherwise complied with this Agreement, the Company will refund, at its discretion, either: (i) the full amount paid; or (ii) a pro-rata amount for the portion of the Service not yet delivered. Any remaining Payment Plan instalments will be cancelled.

(g) No refund where breach: No refund will be provided, and amounts due for the Program remain payable, where the Client: (i) purchased in breach of the warranty in clause 3.12(b); (ii) failed to notify the Company under clause 3.12(c); or (iii) has used, copied, adapted or referenced any Content in breach of clause 7. This is in addition to the Company's rights under clauses 5.7, 7.5 and 9.2.

(h) Other conflicts: The Client must also disclose any other potential conflict of interest, including a prior professional or clinical relationship with Dr Kelly, being a current supervisee of Dr Kelly, or involvement in regulatory proceedings that may affect participation. The Company may refuse or terminate enrolment for such conflicts under clauses 3.12(d) and (e), and clause 3.12(f) will apply.

(i) Decision: The Company's decision about whether a person is a Competitor or has a conflict of interest will be made reasonably and in good faith.

(j) ACL: Nothing in this clause limits the Client's Non-Excludable Rights.

4. Payment Terms

4.1 Fees and GST

(a) Fees are as stated on the relevant sales page, checkout page or Program description at the time of purchase.

(b) Fees are in Australian dollars and include GST unless otherwise stated.

(c) For Clients outside Australia, fees may be charged in Australian dollars or another stated currency. The Client is responsible for any currency conversion, bank or international transaction fees, and any taxes payable in their own country. GST will not be charged where the supply is GST-free under Australian law.

4.2 Payment options

(a) The Client may pay in full at checkout or, where offered, by Payment Plan.

(b) By selecting a Payment Plan, the Client agrees to pay the total Program fee in the instalments, amounts and dates shown at checkout, and authorises the Company (through its payment processor) to charge the nominated payment method automatically on each due date.

(c) A Payment Plan is a way of paying for the full Program, not a subscription that can be cancelled at will. Choosing not to participate does not end the obligation to pay the remaining instalments, except as set out in this Agreement or where required by law.

(d) Memberships and subscriptions renew automatically at the stated interval until cancelled in accordance with clause 5.6(b).

4.3 Missed and late payments

(a) If a payment fails, the Company will notify the Client and may retry the payment method.

(b) If a payment remains unpaid 7 days after the Company notifies the Client, the Company may suspend access to the Services until the payment is made.

(c) If a payment remains unpaid 30 days after notification, the Company may terminate access under clause 5.7, and may take reasonable steps to recover the unpaid amount, including through a debt collection agency.

(d) The Company may charge interest on overdue amounts at 5% per annum, or the maximum rate permitted by law if lower, and may recover reasonable costs of collection.

4.4 Chargebacks and payment disputes

(a) If the Client has a concern about a charge, they agree to contact the Company first at hello@therapistsrising.com so it can be resolved promptly.

(b) If the Client initiates a chargeback or payment dispute for an amount properly payable under this Agreement, the Company may suspend access to the Services while the dispute is resolved, provide relevant records to the payment provider, and recover the disputed amount and any reasonable dispute fees charged to the Company.

(c) Nothing in this clause limits the Client's right to dispute a charge that was unauthorised, incorrect or not properly payable.

4.5 Acknowledgments on purchase

By completing a purchase, the Client acknowledges and agrees that:

(a) they have read the Program description and this Agreement;

(b) they request immediate access to digital Content and the Services where applicable;

(c) the Company does not offer refunds for change of mind, as set out in clause 5.1, but this does not affect their Non-Excludable Rights;

(d) they meet the prerequisites for the Program; and

(e) they are not a Competitor as defined in clause 3.12, and they accept the Company's rights under that clause.

5. Refunds, Cancellations and Termination

5.1 No change-of-mind refunds

(a) Our Programs include digital Content, proprietary Intellectual Property and access to portals and communities that are generally made available immediately or soon after purchase and cannot be returned.

(b) For this reason, we do not provide refunds, credits or transfers if you change your mind, unless a Program description expressly offers a refund or guarantee period (in which case the conditions in that description apply).

5.2 Circumstances where refunds are not provided

Subject to your Non-Excludable Rights, the Company does not provide refunds for:

(a) change of mind;

(b) not attending or participating in the Program;

(d) changes in the Client's business or personal circumstances;

(e) not achieving particular business outcomes;

(f) dissatisfaction with teaching style or format where the Program was accurately described;

(g) technical difficulties caused by the Client's own equipment or internet connection; or

(h) inability to implement strategies due to the Client's individual circumstances.

5.3 Remedies where something goes wrong

(a) Despite clauses 5.1 and 5.2, the Client may be entitled to a remedy under the ACL, including where: (i) the Services have a major failure; (ii) the Services are materially different from what was described; (iii) the Company fails to provide the Services with due care and skill; (iv) the Company fails to deliver core inclusions of the Program; or (v) technical failures caused by the Company's systems prevent access to the Program for a significant period.

(b) Where there is a failure that is not a major failure, the Company may offer to fix it, for example by providing additional sessions, extended access, supplementary resources or technical support.

(c) Where there is a major failure, the Client may choose a refund for the unused portion or compensation for the reduced value, and is not required to accept an alternative remedy.

5.4 How to request a remedy

(a) To help us respond quickly, please email hello@therapistsrising.com with a description of the problem, any relevant details or examples, and the outcome you are seeking.

(b) The Company will acknowledge your request within 2 business days and respond with an outcome within 10 business days, or tell you if more time is reasonably needed.

5.5 Credits and transfers

(a) The Company may, at its discretion, offer a credit toward another Program or a transfer to a later intake. Credits are not redeemable for cash and expire 12 months after issue unless stated otherwise.

(b) Program enrolments cannot be transferred to another person without the Company's written consent.

5.6 Cancellation by Client

(a) Programs: The Client may stop participating in a Program at any time by notifying the Company in writing. Subject to their Non-Excludable Rights, no refund will be provided and any remaining Payment Plan instalments remain payable.

(b) Memberships and subscriptions: The Client may cancel a membership or subscription at any time by notifying the Company in writing or using any cancellation function provided. Cancellation takes effect at the end of the current paid billing period, and no further payments will be charged. No refund is provided for a partial billing period unless required by law. Where a membership has a stated minimum term, the minimum-term fees remain payable.

5.7 Termination by Company

(a) Serious breach: The Company may suspend or terminate the Client's access to the Services immediately, by written notice, if the Client: (i) uses, copies, records, shares or distributes Content in breach of clause 7; (ii) shares their login or access with another person; (iii) harasses, abuses, threatens, discriminates against or intimidates the Company's team or other participants; (iv) seriously breaches the confidentiality or privacy of other participants; (v) fails to pay amounts due, as set out in clause 4.3; (vi) breaches clause 3.12(b) or 3.12(c); or (vii) commits any other material breach of this Agreement that is not capable of remedy, or is not remedied within 7 days of written notice.

(b) Where the Company terminates under clause 5.7(a), no refund will be provided and amounts due for the Program (including remaining Payment Plan instalments) remain payable, to the extent permitted by law.

(c) Other conduct: If a Client repeatedly engages in conduct that disrupts a Program or community (for example, repeated self-promotion without permission, or repeated unprofessional conduct), the Company will first give a written warning. If the conduct continues, the Company may terminate access and will provide a pro-rata refund for the portion of the Services not yet delivered, with any remaining Payment Plan instalments cancelled.

(d) Competitors and conflicts: Termination under clause 3.12 is governed by clauses 3.12(f) and (g).

(e) Clinical concerns: Termination under clause 3.3 is governed by clause 3.3(c).

5.8 Events

(a) Tickets: Event tickets are non-refundable for change of mind, subject to your Non-Excludable Rights.

(b) Transfers by Client: The Client may transfer their Event ticket to another eligible person (who meets the prerequisites and is not a Competitor) by notifying the Company in writing at least 14 days before the Event. Alternatively, the Client may request a credit toward a future Event, which the Company may approve at its discretion.

(c) Travel and accommodation: The Client is responsible for their own travel, accommodation, meals (unless stated as included), insurance and other costs of attending. The Company is not responsible for these costs, including where an Event is rescheduled or cancelled. We recommend Clients purchase travel insurance and book flexible travel.

(d) Changes by the Company: The Company may change an Event's venue (within the same city or region), agenda, timing, presenters or format, provided the change does not materially reduce the value of the Event.

(e) Rescheduling or cancellation by the Company: If the Company postpones or cancels an Event, the Client may choose to transfer to the new date or a comparable Event, receive a credit, or receive a refund of the Event fee paid.

(f) Conduct at Events: Clients must follow venue rules and behave professionally. The Company may remove a Client from an Event for conduct described in clause 5.7(a)(iii), without refund.

(g) Photography and filming: Events may be photographed or filmed. The Company will not use images that clearly identify a Client in public marketing without their consent.

6. No Guaranteed Outcomes and Communication

6.1 No guaranteed results

The Client acknowledges that:

(a) individual results vary and depend on the Client's commitment, implementation, circumstances and market factors;

(b) testimonials, case studies and examples of other clients' results are not a promise or guarantee of any particular result; and

6.2 Implementation

The Client is responsible for deciding whether and how to implement any strategy or recommendation, and for obtaining independent legal, financial, tax, regulatory or other professional advice for their circumstances.

6.3 Communication and support

(a) The Company will respond to reasonable enquiries within business hours through its designated support channels.

(b) The Client agrees to communicate respectfully and use the designated support channels.

6A. Use of Artificial Intelligence Tools

6A.1 How we use AI

The Company uses third-party artificial intelligence (AI) tools to help deliver the Services, including to:

(a) record, transcribe and summarise live sessions and calls;

(b) create and develop Content and resources;

(d) analyse survey, feedback and engagement data; and

(e) provide AI-powered learning assistants and tools within Program portals.

6A.2 AI content

The Client acknowledges that:

(a) AI-generated content and outputs may contain errors or become out of date;

(b) AI tools and outputs are provided to support, not replace, professional judgment; and

6A.3 Responsibility for AI content

Subject to the Client's Non-Excludable Rights, the Company is not responsible for decisions the Client makes solely on the basis of AI-generated content without applying their own judgment or seeking appropriate advice.

6A.4 Personal information and AI

(a) Personal Information processed through AI tools is handled in accordance with the Company's Privacy Policy, including in relation to overseas storage and third-party providers.

(b) The Company takes reasonable steps to choose AI providers with appropriate security and privacy standards, uses settings that prevent model training on Client data where available, and maintains human oversight of AI outputs.

(c) The Client must not enter any information that identifies their own clients or patients, or any other person's sensitive information, into AI tools, forms, communities or sessions.

7. Intellectual Property

7.1 Ownership

All Content is owned by, or licensed to, the Company. The Client does not acquire any ownership of Intellectual Property in the Content.

7.2 Licence to use Content

(a) The Company grants the Client a limited, revocable, non-exclusive, non-transferable licence to access and use the Content for the Client's own internal business learning and for implementing the Program in their own practice or business, for the access period of the Program.

(b) This licence allows the Client to use worksheets and templates provided for that purpose to build their own offers and business, provided the Client does not resell, republish or redistribute the Content itself.

7.3 Restrictions

Unless the Company gives prior written permission, the Client must not:

(a) reproduce, distribute, publish, sell, license or otherwise make any Content available to any third party, in whole or in part;

(b) modify, adapt, rebrand or create derivative works from the Content, including the Company's frameworks, methods, program structures and materials, for use by or for others;

(c) use any Content in their own coaching, mentoring, consulting, courses, workshops, programs, memberships, presentations or products for other practitioners or businesses;

(d) record, screen-record, photograph, download or otherwise capture any live session, call, Event or Content, other than downloading resources made available for download;

(e) upload, input or submit any Content into any AI tool, large language model or similar technology for the purpose of reproducing, repurposing or creating derivative works for commercial use, or to train any AI model;

(f) use scraping, crawling or other automated tools to extract Content;

(g) share login details or provide access to anyone else; or

(h) encourage, assist or permit anyone else to do any of the above.

7.4 Client content

(a) Content created by the Client during a Program (such as their own offers, sales pages and marketing) remains the Client's Intellectual Property.

(b) By posting in Program communities or sessions, the Client grants the Company a non-exclusive, royalty-free licence to use those contributions within the Program and to improve the Services. The Company will not use a Client's name, image or contributions in public marketing or testimonials without their separate consent.

7.5 Breach

A breach of this clause 7 is a serious breach. Without limiting its other rights, the Company may:

(a) immediately terminate the Client's access under clause 5.7(a) without refund;

(b) require the Client to stop using, and destroy, any copies of Content;

(d) where appropriate, notify the relevant professional body.

The Client acknowledges that damages alone may not be an adequate remedy for a breach of this clause.

8. Confidentiality and Privacy

8.1 Confidentiality

(a) Each party must keep confidential any Confidential Information of the other party, and the Client must keep confidential any information shared by other participants in Programs, sessions, communities and Events.

(b) Confidential Information may be disclosed only with the consent of the disclosing party, where required by law, or where the information is already public other than through a breach of this clause.

8.2 Privacy

(a) The Company collects, uses, stores and discloses Personal Information in accordance with its Privacy Policy and the Privacy Act 1988 (Cth).

(b) The Privacy Policy explains, among other things, the Company's use of third-party platforms, AI tools, call recording and transcription, cookies and tracking technologies, and overseas storage of Personal Information.

8.3 Security

The Company takes reasonable steps to protect Personal Information. The Client acknowledges that no online system is completely secure, and is responsible for keeping their own login details secure.

9. Liability and Indemnity

9.1 Limitation of liability

(a) This clause 9.1 is subject to clause 2.1(c) and does not limit any Non-Excludable Rights.

(b) To the maximum extent permitted by law, the Company is not liable for any indirect or consequential loss, or for any loss of profits, revenue, business, opportunity, anticipated savings, goodwill or reputation, arising out of or in connection with the Services or this Agreement.

(c) To the maximum extent permitted by law, the Company's total liability arising out of or in connection with the Services or this Agreement is limited to the total fees paid by the Client for the relevant Program.

(d) The Company's liability will be reduced to the extent that any loss was caused or contributed to by the Client.

9.2 Indemnity

To the extent permitted by law, the Client indemnifies the Company, its directors, employees and contractors against any claims, losses, damages, costs and expenses (including reasonable legal costs) arising from:

(a) the Client's breach of clause 3.12, 7 or 8;

(b) any claim by a third party arising from the Client's own business activities, marketing or professional services; or

except to the extent caused or contributed to by the Company's negligence or breach of this Agreement.

9.3 Insurance

The Client is responsible for maintaining appropriate professional indemnity and business insurance for their own practice. The Company's insurance does not cover the Client's business activities.

10. Complaints and Disputes

10.1 Complaints

(a) We encourage Clients to raise any complaint or concern with the Company first at hello@therapistsrising.com so we can try to resolve it quickly.

(b) The Company will acknowledge complaints within 2 business days and aim to resolve them within 10 business days.

10.2 Dispute resolution

(a) If a dispute arises under this Agreement, the parties agree to first try to resolve it through good faith negotiation.

(b) If the dispute is not resolved within 30 days, either party may refer it to mediation with a mediator agreed by the parties (or, failing agreement, nominated by the Resolution Institute). The costs of the mediator will be shared equally.

(c) Nothing in this clause prevents either party from seeking urgent injunctive relief, or prevents the Client from contacting or making a complaint to the ACCC, NSW Fair Trading, any other consumer protection agency, or any regulator.

11. Term

(a) This Agreement starts when the Client completes a purchase or accepts this Agreement, and continues until the Services have been delivered and all amounts have been paid, unless terminated earlier under this Agreement.

(b) Termination by the Company is governed by clauses 3.3, 3.11, 3.12 and 5.7. Cancellation by the Client is governed by clause 5.6.

12. Force Majeure

(a) Neither party is liable for a failure or delay in performing obligations (other than payment obligations) caused by a Force Majeure Event.

(b) The affected party must notify the other party as soon as practicable and take reasonable steps to minimise the impact.

(c) If a Force Majeure Event prevents the Company from delivering a material part of a Program or Event, the Company will offer to reschedule, deliver it in an alternative format (such as online), or provide a credit. If none of these is reasonably suitable for the Client, the Company will provide a refund for the portion not delivered.

13. Additional Provisions

13.1 Recording of sessions

(a) Live sessions, calls and online Events may be recorded, transcribed and summarised (including using AI tools), and recordings may be shared with other participants in the relevant Program and used to create Program resources.

(b) The Company will let participants know when a session is being recorded. A Client who does not wish to be identifiable may turn off their camera, change their display name or use the chat, where the format allows.

(d) The Company will not use recordings that identify a Client in public marketing without their separate consent.

13.2 Community participation

(a) The Client agrees to behave professionally in all Program communities, sessions and Events.

(b) The Company may remove content or restrict community access for inappropriate or unprofessional behaviour, breach of confidentiality, promotion without permission, or content that may harm other participants.

13.3 Testimonials

(a) The Company may invite Clients to provide testimonials or case studies.

(b) The Company will only publish a testimonial or case study with the Client's written consent, and the Client may withdraw consent for future use at any time.

(c) The Company will ensure testimonials it publishes comply with the ACL and, where relevant, Ahpra advertising requirements.

13.4 Changes to this Agreement

(a) The Company may update this Agreement from time to time. Updated terms apply to purchases made after they are published.

(b) For Clients with ongoing Programs, memberships or Payment Plans, the Company will give at least 30 days' written notice of changes. Changes that are reasonably necessary to protect the Company's legitimate interests (such as legal compliance, updated platforms or tools) will apply from the notified date.

(c) Changes that materially reduce a Client's rights or increase their costs will not apply to an existing Program already purchased without the Client's agreement. Membership Clients who do not accept such a change may cancel before it takes effect and receive a pro-rata refund of any prepaid period.

13.5 Professional boundaries

(a) The Client acknowledges that other participants may be referral sources, colleagues or practitioners offering similar clinical services in the same market. This does not permit participation by a Competitor as defined in clause 3.12.

(b) The Client must maintain appropriate professional boundaries and confidentiality regarding other participants.

13.6 Accessibility

The Company will make reasonable efforts to accommodate Clients with disability or accessibility needs, where it is given reasonable notice and adjustments are practicable.

13.7 Notices

Formal notices must be in writing and sent by email to:

(a) the Company: hello@therapistsrising.com; and

(b) the Client: the email address provided at purchase or registration.

13.8 Client's marketing and regulatory compliance

(a) The Client is solely responsible for ensuring their own marketing, advertising and services comply with applicable laws and professional obligations, including the Health Practitioner Regulation National Law (including section 133), Ahpra advertising guidelines, the ACL, and their professional codes of conduct.

(b) The Client must not claim, imply or advertise any endorsement by, affiliation with or results from the Company without written permission.

(c) The Client warrants that they hold any registration, qualifications and insurance required for their own practice, and is responsible for determining their scope of practice.

(d) Participation in the Services does not constitute clinical supervision or continuing professional development hours unless expressly stated.

13.9 Supervision and clinical boundaries

Current supervisees of Dr Kelly may not enrol without Dr Kelly's express written consent, and the Client must maintain clear boundaries between Program participation and any clinical relationship.

13.10 International Clients

(a) The Services are designed with Australian law and practice in mind.

(b) International Clients are responsible for checking that Content is suitable for, and complying with, the laws and professional requirements of their own jurisdiction. Refunds are not provided on the basis that Content does not apply to another jurisdiction.

13.11 Communications

(a) By purchasing, the Client consents to receiving service and Program communications.

(b) Marketing communications comply with the Spam Act 2003 (Cth), and the Client may unsubscribe at any time without affecting their Program access.

13.12 Assignment

(a) The Client may not assign or transfer their rights under this Agreement without the Company's written consent.

(b) Program access is personal to the Client and cannot be shared or transferred except as permitted in clause 5.8(b).

(c) The Company may assign this Agreement to a purchaser of all or part of its business, provided the Client's rights are not reduced.

13.13 Waiver

A failure or delay by either party to enforce any provision of this Agreement is not a waiver of that provision or of any other breach.

13.14 Survival

The following clauses survive termination or expiry of this Agreement: 3.12(g), 4 (for amounts payable), 5.7(b), 7, 8, 9, 10 and any other clause which by its nature is intended to survive.

14. General

14.1 Entire agreement

This Agreement, together with the Program description and checkout page for the relevant Program, the Privacy Policy and the Website Terms of Use, constitutes the entire agreement between the parties about its subject matter. Subject to the Client's Non-Excludable Rights, it supersedes all prior discussions and agreements.

14.2 Inconsistency

If there is an inconsistency, the following order of priority applies: (a) any written agreement signed by both parties for a specific Program; (b) the Program description and checkout page; (c) this Agreement; (d) the Website Terms of Use.

14.3 Severability

If any provision of this Agreement is invalid, unenforceable or unfair, it will be read down to the extent necessary or, if that is not possible, severed, and the remaining provisions continue in full force.

14.4 Governing law and jurisdiction

This Agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Contact

Therapists Rising Pty Ltd ABN 33 660 188 821 | ACN 660 188 821 Email: hello@therapistsrising.com