Course and Coaching Terms of Service
Effective Date: 14 November 2023.
OVERVIEW
This Site and the Services are owned and operated by Rachael Rose (ABN 67 743 357 446) trading as Rachael Rose (referred to in these terms as “Rachael Rose”, “we”, “us”, and “our”)
Rachael Rose offers a range of services that may be purchased individually or collectively which include the following types of products and services:
Online courses live with drip fed content
Evergreen/self paced online courses (on demand),
Online Mentorship (including doula and business mentorship),
Online Masterclasses (free and paid),
Women’s Circles (online and in person)
Women’s Circle Facilitator Training (online and in person); and
(collectively and individually, these are referred to as the “Services”).
By purchasing, accessing and using any or all of the Services, you agree to these terms and conditions (“Terms”).
Please read these Terms carefully before you purchase or otherwise access any of our Services. These Terms, along with our Site Terms and Conditions and our Privacy Policy (collectively ‘the Terms’), govern your access to https://www.rachaelrose.com.au/, including the Services.
By accessing the Services, you:
- acknowledge that you have read, and agree to comply with and be legally bound by, these Terms; and
- warrant that you are over 18 years of age and have the legal capacity to enter into a binding contract.
We reserve the right to modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to initial use as well as periodically throughout your use of the Services. If at any time you choose not to accept these Terms, you should discontinue your use of our Services.
By continuing to access our Services, you are deemed to accept any future amendments to these Terms. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
ACCESS TO OUR SERVICES
You may apply to access our Services by completing the application form and paying the Fees as advertised on our Site https://www.rachaelrose.com.au (‘Site‘). As a condition of purchase and participation in any of our Services, you agreed to be bound by our policies and procedures as set out in these Terms, including those incorporated by reference. You agree to provide accurate, current and complete information about yourself as requested or directed, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate your access to any of our Services if we suspect that such information is inaccurate or incomplete. We also reserve the right to deny your application for any reason.
Your access to any of our Services commences when your application has been accepted by us, or a date specified on our Site, and you pay the price as displayed on our Site and in accordance with these Terms (‘Fees’). Your access to the Services you have selected will continue until terminated under these Terms or the applicable Services are taken down. We will provide you with [30] days’ notice should we plan to take down any Services. In the event we intend to close down any Services, we shall provide you with [30] days notice and the ability to download applicable resources contained being the lifetime access we refer to in our promotional material for the applicable Services.
To access any of our Services, you may be required to create an account. In doing so, you must provide accurate information, including your name, your business name (if applicable), address, a valid email address and contact number. You must also be at least 18 years old. You agree to update this information if and when it changes. You are solely responsible for the activity that occurs on your account, so please keep your account password secure. You must not at any time share your password or account access with anyone else.
PRICES AND PAYMENTS
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to you. Purchases will be charged at the price in force at the time your order is validated.
We reserve the right at any time to modify or discontinue any of our Services without notice at any time. We shall not be liable to you, or to a third party, for any modification, price change, suspension or discontinuance of the product or service.
In consideration for access to the Services, the Fees can be paid in one of two ways:
One off lump sum payment of Fees via PayPal or Stripe (“Full Payment Fee”); or
Instalment payments via Stripe (“Payment Plan Fee”).
Your preferred payment option must be selected at the time of enrolment and cannot be changed at a later date. The total amount of the Fees will be dependent on the payment method you select at time of purchase.
Where you select the Full Payment Fee, you will pay the amount specified on the Site. Where you select the Payment Plan Fee, you will be charged for the initial payment at time of purchase and all subsequent payments will be automatically charged, on the anniversary of the initial payment and the total number of payments are as identified on our Site. Where you opt for our instalment plan, you will remain responsible at all times for those payments unless you request a refund in accordance with our Refund Policy set out below. You cannot under any circumstances cancel payments except in accordance with our Refund Policy.
Method of Payment
You authorise us to automatically charge the credit card or debit card provided at the time of purchase for the Fees when they are due and in accordance with these Terms.
If you choose to pay in instalments, you authorise us to automatically charge the credit card or debit card on file for any payment balances owing and agree to keep all billing information and personal information current at all times and must notify us immediately of any changes to those details. You understand and agree that as payments are electronic, you will ensure that you have adequate funds available.
Notwithstanding any adjustments made to payment dates by any third party payment provider such as Stripe, you acknowledge and agree that payments must be made on the applicable due dates and you must do all things reasonably necessary to ensure sufficient funds are in place to ensure payments are made on the applicable due dates.
Where you fail to make payment or payment is declined for any reason, you must provide a new eligible method of payment immediately or we may suspend or revoke your access to our Services. You will be liable for all outstanding payments, including third party payment provider fees, any costs incurred by us trying to recoup the outstanding Fees such as debt collection agency costs, including any reasonable legal costs on any Fees that remain outstanding. For the period where your access is restricted or revoked, you acknowledge and agree that we will not be liable to you for any refund of the Fees due to a failure by you to pay the Fee when due or be entitled to any extended period of access to the Services due to such restriction or revocation. You further acknowledge and agree that your obligations to continue paying the Payment Plan Fee continues for the remainder of the term of the Services selected.
Bonuses
At the time of enrolment, we may offer bonuses to individuals who sign up for certain Services. You are entitled to any bonuses that are offered at the time of your enrolment for the applicable Services. Please note that bonuses are not guaranteed to be available at all times and their availability may vary depending on promotions we may have throughout the year.
REFUNDS AND CHARGEBACKS
The Fees are non-refundable except as set out below or as otherwise required by law or at our sole discretion. We do not provide refunds simply because your situation has changed or you have changed your mind.
We want you to be 100% happy with your purchase, and so we provide the following subject to the specific Services selected:
For our Together: Women’s Circle Facilitator Training, we offer a 14-day money-back guarantee. If you are not satisfied with the course, you may request a refund by emailing ra*****@ra*********.au within 14 days of purchasing.
For our Doula Your Dreams Mentorship, due to the nature of the service being limited in numbers and a year-long commitment, refunds are not available except where required by law. If you are not satisfied with the program, please email ra*****@ra*********.au within 28 days of the mentorship commencement date to make this known. Refunds are not available for change of mind or circumstances.
For all our Online Courses with Drip Fed Content: For online courses where the content is drip-fed live, we offer a 28-day money-back guarantee. If you are not satisfied with the course, you may request a refund by emailing ra*****@ra*********.au within 28 days of purchasing.
For all our Evergreen/Self-Paced Online Courses: For evergreen/self-paced online courses where all content is immediately available, we offer a 14-day money-back guarantee. If you are not satisfied with the course, you may request a refund by emailing ra*****@ra*********.au within 14 days of purchasing.
For all our Online Masterclasses (on demand): Due to the nature of the product, refunds are not available for our on demand online masterclasses.
Refunds will be offered in accordance with both Australian Consumer Law and applicable state Fair trade legislation. We are permitted to exercise our discretion in any circumstances where a refund of any fees already paid by you may be appropriate.
Where you have received a refund either directly from us or via a Chargeback the following will apply:
1. If we have provided you with access to our Services to a verified email address from which you have engaged with us, then you must destroy all electronic copies of any Materials downloaded by you and provide us with written confirmation to su*****@ra*********.au that you will not use our Materials unless you provide payment in full for the Materials we have provided to you.
2. If you receive the Materials and (a) do not comply with point 1 above and/or (b) use the Materials following a refund or Chargeback, we expect immediate payment upon receipt of a tax invoice from us.
Where you use our Materials and we do not receive payment, we reserve the right to recover any outstanding tax invoice through a formal debt recovery process and should this become necessary, then we will seek payment of our outstanding tax invoices including any interest on the outstanding amount.
For the purposes of these Terms, “Chargeback” means the reversal of a payment in response to a request that a customer files directly with their issuing bank or payment network provider.
Nothing in these Terms is intended to modify or otherwise effect your statutory rights under consumer laws or any other applicable legislation.
CANCELLATIONS – DOULA YOUR DREAMS MENTORSHIP
Cancellation by Us
We reserve the right to postpone or cancel the Services, or reschedule them at a mutually convenient time, for any reason. If the Services have been cancelled by us and not rescheduled, we will refund the fees paid for the cancelled portion of the Services.
Cancellation by You
We understand that circumstances can change and you may need to cancel your attendance to our live classes or in-person events. However, please note that we are unable to provide any refunds or rescheduling options.
You acknowledge that we are not responsible for any breach of a third-party contract or any supplier contract to the Services, including to the extent that this means the Services may not proceed.
Where a Force Majeure event necessitates that any part of our Services be cancelled or postponed, you acknowledge that we will not be responsible for any loss or damage incurred as a result.
ENTITLEMENTS
We may offer additional entitlements with the Services, such as access to a community group for members, resources, or one-on-one coaching sessions (“Entitlements”). These Entitlements are subject to change or withdrawal at any time, and we do not guarantee their availability for the entire duration of the Services.
If a Force Majeure event of any kind requires that any Entitlements be delayed, they will either take place in a different allowable format or be rescheduled. You will not be entitled to any compensation for Entitlements that are unable to proceed due to a Force Majeure event.
Guest Content
From time to time, we may also provide you with certain benefits, such as products, programs, workshops or other courses, which may be provided by third parties. We do not offer any guarantees regarding these benefits, including their accuracy or quality, the duration for which they are available or that they are suitable for your purposes.
Any individual who agrees to be a interviewed as guest or contributes content in any way, transfers all intellectual property rights to us in any such interview and where assignment is not possible, will provide a non-revocable, perpetual licence to any such content.
Group Sessions
During the provision of our Services, you may also be invited to participate in an online group. In order to be admitted and retain access to the group, you will be required to comply with its rules, including the rules provided by the hosting platform. If you breach the rules of the online group, your access to the group will be revoked and, depending on the severity of the breach, your access to the Services you purchased may also be revoked.
Community Group
As part of some Services you purchase, we will provide access to a closed community group (“Group”) for a specified period of time. Please note that this Group may not apply to all Services. We encourage all participants to actively engage within the Group, support each other and comply with the Group rules and any other directives announced within the Group. If you violate the Group rules, we may revoke your access to the Group and, depending on the severity of the breach, your access to the purchased Services.
We also reserve the right to terminate any associated online Group with [7] days’ notice to you.
COMPLAINTS (DISPUTE RESOLUTION)
We are committed to your enjoyment of and satisfaction with our Services. Should you have any concerns or be dissatisfied in any way, please contact us via our email su*****@ra*********.au and include:
- your name;
- the email address you used to apply for the Services;
- details of your concern or complaint;
- details of what you would like us to do to resolve the matter; and
- copies of any relevant correspondence.
We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.
You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media.
Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.
INTELLECTUAL PROPERTY RIGHTS
As part of the Services, you will have access to certain materials, including programs, workbooks, forms, templates, precedents, webinars, digital products and other content (‘Materials’). We retain ownership of all Intellectual Property Rights (including copyright) in the Services and the Materials.
To the extent required for participation in the Services and in consideration for the payment of the Fees, you are granted a non-exclusive, non-transferable, single-use, limited licence to access and use the Materials for your own personal use and non-commercial use, and you agree not to:
- modify the Materials;
- copy or share the Materials or in any way cause or allow them to be copied or shared;
- assign or transfer your membership of the Services purchased by you to any other person without our express written consent; or
- sublicense, publish, sell, or provide the Materials to, or otherwise allow them to be used by, third parties.
You must not under any circumstances remove any copyright notice, trade mark or author mark from any part of the Materials.
Even if you have the consent of the author, you are at no time permitted to remove any copyright or other proprietary notations from the materials. You must always acknowledge the author (Rachael Rose) in a format that is agreed upon prior to any publication.
If you infringe our Intellectual Property Rights, we reserve the right to immediately terminate your access to the Services and the Materials without refund and pursue legal remedies including an accounting of profits should you use any part of our Services and Materials for commercial purposes. You will be liable for all costs (including reasonable legal costs) incurred due to your breach of these Terms.
For any intellectual property that you provide us with through your participation in the Services (‘Participant Content’), you warrant that you are the owner of this intellectual property and indemnify us against any claim made by a third party arising out of any breach of intellectual property rights from our use of the Participant Content (including distribution for promotional purposes). By participating in the Services, you grant us a non-exclusive, irrevocable, royalty-free, perpetual licence to use and reproduce your Participant Content at our discretion.
PROMOTION OF OUR SERVICES
Where you have provided testimonials (in any format), you acknowledge and consent that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.
You acknowledge that part of the Services we offer may include images, copy, text and recordings (in audio and/or video format) of your participation in the Services (including any Events), where you may feature prominently. These recordings are both for the purposes of providing the Services and for us to use in our promotional material to market the Services. You irrevocably consent to our use of these recordings without restriction, including but not limited to our ability to modify, publish, reproduce or distribute them at our discretion.
BREACH AND TERMINATION
We reserve the right to terminate your access to the Services with immediate effect if:
- you do not pay the Fees when due;
- you infringe our Intellectual Property Rights;
- you engage in conduct that is injurious or potentially harmful to others
- you engage in conduct that is injurious or potentially harmful to our reputation;
- you disclose Confidential Information without consent;
- your actions are contrary to our interests;
- we consider that mutual trust and/or confidence no longer exists; or
- you fail to comply with any of the other provisions of these Terms or otherwise breach any undertaking, warranty or obligation under these Terms.
If we terminate your access to the Services, we may, at our sole discretion, refund any prorated balance of the Fee already paid by you.
CONFIDENTIALITY
You agree to respect our privacy and confidential information, which includes information relating to our business, finances, operations, marketing strategy, administration, technology, clients, customers, employees, contractors or suppliers, along with our intellectual property and other information relating to trade secrets, know-how, systems and processes. Accordingly, unless you have our prior written consent, you will keep any information we choose to share confidential. You also agree to respect the privacy and confidential information of other participants unless you receive express written consent from such other participant. We will not disclose any information you provide except as set out in these Terms.
However, these obligations of confidentiality do not apply to any disclosure that:
- is for the purpose of performing the Terms or exercising a party’s right under the Terms;
- is required by Applicable Law; or
- relates to Confidential Information that is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction or breach of any obligation of confidence.
PROHIBITED USE
In addition to any other prohibitions, you must not under any circumstances access or otherwise use any part of the Services or its content:
- for any unlawful purpose;
- if you or your business in any way competes with our business;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, or state regulations, rules, laws, or local ordinances;
- to attempt to change, remove, or otherwise interfere with the Services or any of its Materials;
- to infringe upon any other person’s proprietary rights; or
- to send any unsolicited advertising or promotional material, commonly referred to as ‘spam’.
PROHIBITED CONDUCT
Attendees of our in person workshops, programs and Women’s Circle (“Events”) are expected to conduct themselves in a professional and respectful manner towards other attendees, staff, and Event organisers. Attendees of our Events are required to comply with any reasonable directions given by the hosts and venue management, including but not limited to security personnel and Event staff.
Any conduct deemed inappropriate or offensive by us, including but not limited to the following actions, may result in immediate removal from the Event:
- Physical or verbal harassment or abuse of any kind.
- Discrimination or hate speech based on race, gender, sexual orientation, religion, nationality, or disability.
- Intentional damage or destruction of property belonging to the Event or venue.
- Unauthorised recording or distribution of Event materials, including but not limited to audio, video, or images.
- Selling, distributing, or promoting any goods or services without prior authorisation from the Event organisers.
- Intoxication or drug use that interferes with the safety or enjoyment of other attendees.
- Failure to comply with health and safety requirements for an Event and/or the venue where an Event may be held.
- Disruptive behavior that interferes with the conduct of the Event, including but not limited to excessive noise, unapproved demonstrations, or unauthorised entry or exit.
Failure to comply with these directions may result in ejection from the Event and/or other legal action and removal from participation in our Services without refund.
We and venue management reserve the right to refuse entry or eject any person from any Event who we or venue management who engage in such prohibited conduct or where we or venue management reasonably believe poses a risk to the safety of others or the Event itself, or who is in breach of any applicable laws, regulations, or these Terms. By attending the Event, attendees acknowledge and agree to comply with all reasonable directions given by us and the venue management.
WARRANTIES AND INDEMNITIES
We provide our Services and any content related to the Services on an ‘as is’ basis, and do not guarantee any specific results from your participation. Your experience will depend on your own commitment, motivation and intent to follow through. Any examples of previous participants’ experiences, including reviews, testimonials or other statements, are provided for illustrative purposes only, and are simply examples of what can be possible.
You agree that you engage in the Services at your own risk.
To the fullest extent permitted by applicable laws, in no event are we responsible or be held liable for:
- any loss or damage that you may suffer as a result of your participation (including where you disclose confidential information during any group participation);
- your inability to participate in the Services for any reason;
- your failure to maintain the security of your login details that enable you to access the Services;
- the statements or conduct of any third party; or
- your reliance on the suggestions or recommendations of any third party or other participants.
- any third party content, including advertising and sponsorships, that may be presented at the Event;
- Cancellations, postponements, or other changes to the Event that may be required due to unforeseen circumstances;
- any misrepresentation or inaccurate information provided by third-party vendors, sponsors, or other participants in the Event;
- any losses or expenses, however arising, including, without limitation, any direct, indirect and/or present, unascertained, future or contingent loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your attendance at or participation in our Events;
Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, sponsors, guest speakers, venue operators and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of our Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
INFORMATION, ADVICE AND GUARANTEE (DISCLAIMER)
Any content or information provided in the Services is of a general nature only and does not constitute professional advice. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide through the applicable Services. No part of the Services is a substitute for obtaining advice that is specific to your individual circumstances from a qualified professional. The nature of the Services means that we are unable to guarantee particular results, and any examples of achieved by other participants is a representation of potential results only. Any results achieved through your participation in the Services will vary depending on a range of factors beyond our control.
You are responsible for determining whether the Services are right for you. We reserve the right to terminate or suspend your access to the Services at any time should we believe that it is not appropriate for you, or that further professional advice should be sought.
Any reference to other products or services, programs, courses, processes or other information appearing within the Services does not constitute or imply our endorsement, sponsorship or recommendation in any way.
COMPETITORS ARE EXCLUDED
You are not allowed under any circumstances to use or access any documents or content on our Site in any way that competes with our business. We reserve our right to exclude and not permit any person using this Site or accessing our documents, products or services, in our sole discretion.
INTERNATIONAL USERS
We provide our Services from our offices within Australia. If you accessing our Site from a location outside of Australia, you are responsible for compliance with your local laws including those relating to any taxes that may apply to your purchase of our Services. You agree that you will not use the Materials accessed through our Services in any country or territory in any manner that would be in breach of any applicable laws, regulations or other restrictions.
PRIVACY POLICY
When you apply to take part in our Services, and during your participation, you may be required to provide us with certain personal information (such as contact details) and sensitive information (such as information about your health or finances).
Your privacy is extremely important to us. We will only use your personal information in order to provide you with the Entitlements and to communicate with you about the Services. Where you wish to withdraw your consent from email communications, you may simply unsubscribe. Your information will be dealt with in accordance with our Privacy Policy, which is accessible https://rachaelrose.podia.com/privacy
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our Site, including but not limited to any consent you provide to receive communications from us. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, using an electronic device such as your mobile phone, tablet, desktop, laptop or any other device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
VALIDITY
Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
ASSIGNMENT
You cannot assign these Terms, or otherwise deal with the benefit of them or any rights under them, without our prior written consent. We reserve the right to assign or novate the Terms, or otherwise deal with the benefit of them or rights under them, without your consent.
ENTIRE AGREEMENT
These Terms constitute our entire agreement with you about the Services and supersede all previous agreements, understandings and negotiations.
GOVERNING LAW AND JURISDICTION
The performance and enforcement of these Terms will accord with the laws in force in the State or Territory in Australia where we are located as indicated on our Site. You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction.
