Terms of Use

PARTIES

Claire Stephensen trading as CareWeaver ABN ABN 37 833 409 963 of Brisbane, Australia (I, me, Us, We or Our).

This document sets out the specifics of the CareWeaver online program and incorporates the attached terms and conditions (Terms). By proceeding with your booking you agree to be bound by the Terms.

SCHEDULE

Services: CareWeaver 3 month Online Program

Fee: Ticket prices for the online program are as follows:

$1200

The Price is subject to adjustment in accordance with the Terms. All prices in Australian dollars (AUD).

Payment Terms: One-time payment in full of $1200

Or 4 monthly payments of $300

Default Interest Rate:

Not applicable.

Start Date: The online program will officially begin on Tuesday 28th April.

Program Inclusions: 7 x pre-recorded Modules

7 x Module workbooks

7 x macro Guided Audio Practices

7 x micro practices

7 x Spotify playlists

7 x 2 hour online group coaching calls on Zoom

Group message support between calls

Cancellations If you feel your CareWeaver purchase hasn't delivered on a consumer guarantee under the Australian Consumer Law (ACL), please reach out to us at claire@careweaver.com.au to raise a claim.

We'll need your proof of purchase (order number or receipt) along with a short explanation of your concern.

Once we receive your claim, we'll work through it and offer an appropriate remedy in line with our ACL obligations. Please note that claims need to reach us within 7 business days of accessing the program – a window we consider reasonable given the nature of what's being offered.

For more on your consumer rights, visit the ACCC website.

Jurisdiction/ Governing Law: Queensland, Australia

TERMS OF BUSINESS

1.       DEFINITIONS 

1.1.   Confidential Information means any written or oral information that is provided by or disclosed directly or indirectly in any way that is not already in the public domain. This may include information about business structures, methods, procedures, financial and personal information.

1.2.   Contract Amendment means any change to scope of the Services. A Contract Amendment will only be binding once we have confirmed in writing whether your request (also in writing) to amend the contract is agreed. Where we confirm a Contract Amendment we will also advise any variation to the Fee.  Email is an accepted way of communicating these items and or changes to the contract.

1.3.   Fee Variation means a variation to the Fee as a result of a Contract Amendment.

1.4.   GST means:

(a)   the same as in GST Law;

(b)   any other goods and services tax, or any tax applying to this Agreement in a similar way; and

(c)    any additional tax, penalty tax, fine, interest or other charge under a law of such a tax.

1.5.   GST Law means the same as “GST law” in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

1.6.   Jurisdiction means the State or Territory set out in the Schedule.

1.7.   Payment Terms means the payment terms set out in the Schedule.

1.8.   Services means the Services described in the Schedule and exclude any of the exclusions also listed in the Schedule.

1.9.   Start Date means the Date set out in the Schedule that the Services will start. If no date is nominated as the Start Date, it will be the Date that the Services are first provided to you by us.

2.       AGREEMENT

2.1.   This Agreement:

(a)   formalises arrangements between us; and

(b)   regulates our contract for the Services 

2.2.   Any Confidential Information you provide to us which is necessary in order for us to provide you with the Services will be kept confidential both during and after this Agreement.

2.3.   You agree to make payment for our Services in accordance with and as agreed in the Schedule, noting we reserve the right to pause or cease the Services where payment is not made on time or in full.

3.       SERVICES

3.1.   We agree to provide the Services set out in the Schedule to you in a professional manner.

3.2.   You must provide us with all things reasonably necessary for us to perform the Services, including any information we require. If you are unable to provide us with what we require in order for us to perform the Services, this may cause a delay to the completion of the Services.

4.       WARRANTIES

4.1.   The Australian Consumer Law (ACL) states that businesses must meet a set of basic rights when they sell products or services known as consumer guarantees. The warranties in this clause 4 are made alongside those consumer guarantees.

4.2.   We represent and warrant to you that we will comply with the law in providing the Services to you and will provide Services within the scope set out in the Schedule unless in our opinion other Services or a Contract Amendment would serve you better.

4.3.   You represent and warrant that:

(a)   you will provide all relevant information required for us to carry out the Services; and

(b)   you have relevant and required current insurances to protect us (where relevant and required) and your business including against any third party claims.

5.       DISPUTES

5.1.   If at any time during the Services you are not satisfied, please let us know. We aim to discuss these things promptly and amicably in a confidential manner with a view to a fair outcome. The confidentiality provisions in this Agreement apply during and after any dispute.

6.       RELATIONSHIP

6.1.   The relationship under this Agreement is that of principal and independent contractor. This Agreement does not make either party part of a joint venture or a partner, employee or agent of the other. No act or omission of either party is to bind the other party except as expressly set out in this Agreement.

7.       OWNERSHIP OF INTELLECTUAL PROPERTY 

7.1.   As between the parties, all intellectual property rights (including copyright) developed, adapted, modified or created by us or our Team (including in connection with this Agreement or the provision of Services) will at all times vest, or remain vested, in us.

7.2.   The intellectual property provisions in this Agreement will endure and remain in force after the termination of any Services and this Agreement.

7.3.   Unless otherwise stated, we own or licence all intellectual property rights in our onling program and its Content. You may not:

-        copy, modify, reproduce, publish or distribute our Content without written permission;

-        create derivative works based on our Content; or

-        frame or embed our Content in another website.

8.       CONFIDENTIAL INFORMATION

8.1.   Both parties agree that they will make sure that all Confidential Information is kept securely and will not be used (directly or indirectly) or disclosed in any way except as required by law or with the express written consent of the other party.

8.2.   Both parties agree that they will not at any time disclose or allow access by any person or third party to any of the Confidential Information unless required to perform the Services in which case, the disclosing party will ensure the person or people the information is disclosed to are under the same duty of confidentiality as the parties are under pursuant to this Agreement.

8.3.   The confidentiality provisions under this clause survive the termination of this Agreement and remain until the Confidential information becomes part of the public domain.

9.       PAYMENT, PRIVACY AND DELIVERY 

9.1.   In consideration of us providing the Services to you under this Agreement, you agree to pay us the Fee in accordance with the Payment Terms (Due Date).

9.2.   If you do not pay any invoice issued under this Agreement by the Due Date or you do not otherwise comply with this Agreement, we may refuse to continue to provide the Services and may terminate this Agreement immediately without notice.

9.3.   All payment and personal information will be kept in a secure manner in accordance with Australian Privacy Principles and the Privacy Act 1988 (Cth).

9.4.   Failure to make a required payment when due under this Agreement shall constitute a material default under this Agreement.

10.    TERMINATION

Termination for Convenience

10.1.  Either party may terminate this Agreement at any time with 30 days’ notice in writing between the parties.

Termination for Breach

10.2.  For any breach of any of the obligations of this Agreement, the party who has committed the breach must remedy or rectify the breach promptly on notice from the other party.

10.3.  We may terminate this Agreement if you are in breach of your obligations under this Agreement and that breach has not been remedied within 5 business days of being notified by us.

10.4.  You may terminate this Agreement if we are in breach of our obligations under this Agreement and that breach has not been remedied within 15 business days of being notified by you.

What happens on termination

10.5.  Upon Termination of this agreement:

(a)   we will issue you an invoice for the full Fee under this Agreement;

(b)   you must pay the full Fee and all other amounts due and payable to us under this Agreement (including, if the Agreement was terminated by us due to your breach, all of our additional costs resulting from the termination); and

(c)   each party must return any of the other party’s Confidential Information back to the other party.

11.    LIMITATION OF LIABILITY AND INDEMNITY

11.1.  With the exclusion of gross negligence, neither us or our Team are in any way liable for any loss or damages whether direct, indirect or consequential which you may suffer in reliance directly or indirectly on all or any part of the Services.

11.2.  You agree to indemnify and hold us harmless from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against us in respect of any loss or damage (including loss of income, revenue or profits and including reasonable legal fees and expenses).

11.3.  Our liability under this Agreement is governed solely by the Australian Consumer Law and this Agreement. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.

11.4.  You acknowledge and agree that you use the Services at your own risk and that in engaging the Services, you agree that you are liable for and agree to indemnify and hold us harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of this Agreement, use or misuse of the Services or in connection with any of the Services.

11.5.  Notwithstanding the above, our liability is limited at all times to the portion of the Fees paid by you to us for the Services which are the subject of any relevant claim.

11.6.  Both parties agree that the Start Date set out in the Schedule is the date the Services began and that to the extent that any and all clauses in this Agreement may be lawfully deemed to apply retrospectively to the Services, both parties agree to apply them.

12.    ENTIRE AGREEMENT

12.1.    This Agreement contains the entire understanding and agreement between the parties in relation to the Services.

13.    GOVERNING LAW

13.1.    This Agreement is governed by the laws of the Jurisdiction and the parties agree to submit to the courts and tribunals of that Jurisdiction when resolving a dispute under this Agreement.