Terms & Conditions of Sale
MOTILITY MASTERCLASS
While I personally facilitate events and presentations, the legal entity under which I operate is registered with ABN 63939113720.
Please review the following information carefully. These Terms & Conditions are intended to clarify our roles and expectations to ensure we are aligned during our working relationship.
These Terms & Conditions constitute the entire agreement between You and Me (Greta Rose) regarding the contracted services and agreement. This document supersedes any prior agreements or understandings between us.
Please read these Terms & Conditions thoroughly to understand your rights and obligations when purchasing a place in the Motility Masterclass or other workshop under The Gut Biome Clinic. If anything is unclear, seek independent advice to ensure full comprehension of your rights and obligations.
Duration of Services
The Motility Masterclass is scheduled to run for 5 weeks from:
- September 16th 2024 to October 17th 2024
Contracted Services
The Motility Masterclass is a 5-week Online Group Program that includes:
- Health Education and Resources
- Weekly Online training
- Access to an online community for discussions, connections, and accountability
Interpretation
In this Agreement:
- Singular terms include the plural and vice versa.
- References to a person include corporations, associations, partnerships, government authorities, or any legal entities.
- References to statutes include amendments, consolidations, or replacements of those statutes, along with related regulations, orders, rules, by-laws, and ordinances.
- Covenants by each party include obligations to ensure compliance by their employees and any other controlled persons.
- Where a party consists of multiple persons, the covenants bind each person jointly and severally. Releasing one person from an obligation does not release others who may be jointly liable.
- An undertaking by a party not to perform an act includes an obligation not to permit or allow that act to occur.
- References to anything after "includes" or "including" do not limit what else might be included.
Expectations
- A minimum 10 week commitment is required.
- Every individual is different, so results may vary. However, positive changes in some form are expected.
- Results depend on your time, effort, implementation, and commitment.
- I am available for quick question support via our whatsapp group during the term of this agreement.
- I will respond to questions in the group within 12 hours, Monday to Friday, 9 am to 4 pm (NSW, Australia time). I am not obligated to respond to personal phone calls, texts, social media messages, or emails outside the community or business hours.
- Pricing and service offerings are valid for the term of the agreement. I am not obligated to maintain the same offer or pricing for extended terms or future sign-ups.
- You are responsible for your choices, decisions, actions, and results between sessions. I am not liable for any actions or inactions, or any direct or indirect results of the services provided.
- I will carry out the contracted services with highest quality and information, using all my skills and clinical expertise.
Excluded Services
Unless otherwise agreed, the following services are excluded:
- Personal Meal Plans
- Medical, clinical, or personal patient advice
- Interpreting results and working in a 1:1 setting
- Psychological support
Expectations
- Every individual is different, so results may vary.
- Results depend on your time, effort, implementation, and commitment.
- Pricing and service offerings are valid for the term of the agreement. I am not obligated to maintain the same offer or pricing for extended terms or future sign-ups.
- You are responsible for your choices, decisions, actions, and results between sessions. I am not liable for any actions or inactions, or any direct or indirect results of the services provided.
- I will carry out the contracted services with the highest quality and information, using all my skills and clinical expertise.
Excluded Services
Unless otherwise agreed, the following services are excluded:
- Personal Meal Plans
- Medical, clinical, or personal patient advice
- Interpreting results and working in a 1:1 setting
- Psychological support
Disclaimer
I make no guarantees; results will vary. You accept responsibility for any variance.
Intellectual Property
The Gut Biome Clinic owns all intellectual property in designs and content developed in the courses, websites, resources, and advice supplied. They must not be used commercially, shared, or broadcast without permission.
You give permission for testimonies to be used (unidentified if preferred) in marketing. If you object to specific content, you may refuse its use.
Confidentiality
Confidentiality is crucial. Information shared during our relationship will be kept confidential unless disclosure is required for fulfilling services, or by law. You must also respect the privacy and confidentiality of myself and others.
All session details, health, passwords, logins, client information, and associated data will be kept confidential.
I am not responsible for the security of information shared via third-party platforms like Facebook, WhatsApp, Zoom, or Email.
You agree not to transfer or disclose agreement details to any third party.
Payments & Refunds
By agreeing to these terms, you confirm the financial capability to invest in this agreement without economic hardship.
Payment options include upfront payments via Stripe or Bank Deposit, or Payment Plan instalments via Stripe.
Payments may include 10% GST for Australian residents and are billed in Australian Dollars, where applicable.
Services will not be delivered until fees are paid in full. Failure to pay on time may forfeit your booking.
A two-week cooling-off period applies to the first payment. No refunds apply after this period regardless of participation or use of materials and training.
No refunds will be offered for non-participation or if promotional prices differ.
Late & Additional Fees
Ensure payments are made on time. A 3-day grace period is allowed for late payments. After that, service may be withheld until fees are paid in full.
Accounts overdue by 14 days will result in cancellation of your booking and any access to content.
Accounts overdue by 30 days may be sent to collections, terminating this agreement and access to content.
Additional consultations or services incur fees, which will be agreed upon in writing before commencement.
Cancellation & Termination
Either party can terminate this agreement at any time via email.
Termination revokes all group and course access.
Termination will be enforced without warning for anyone who breaches confidentiality of the group.
All outstanding fees, and fees due for the remainder of the program, must be paid within 30 days of cancellation.
Warranty & Indemnification
Services will be carried out diligently, with proper care and skill, in accordance with this agreement.
You indemnify Greta Rose and the Gut Biome Clinic against all claims related to the services provided, except those caused by negligence or breach of this agreement by us.
Dispute Resolution
Any disputes will be resolved by discussing the issue to reach an agreement. If unresolved, mediation by a New South Wales Law Society Approved Mediator will be pursued.
Mediation will be held in Newcastle unless otherwise agreed.
Parties will continue to perform this Agreement, excluding disputed matters, during mediation.
Court proceedings may only commence if mediation is unsuccessful.
Limitation of Liability
Liability is governed by Australian Consumer Law and this agreement.
Except for Statutory Rights, services are provided without warranties.
Governing Law
These Terms & Conditions are governed by the laws of New South Wales, Australia, with jurisdiction extending internationally.
Waiver
No delay or failure to exercise any right, power, or remedy operates as a waiver. Partial exercise does not preclude further exercise of rights.
Acceptance
By checking the "Accept Terms & Conditions" checkbox at checkout, you confirm you have read, understand, accept, and will abide by these Terms & Conditions.
Should you have any concerns or questions about these Terms & Conditions, please contact reception@gutbiomeclinic.com.