Website Terms and Conditions of Use

  1. About the Website

    1.1. Welcome to www.thewattletreeclinic.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase workshops (the ‘Workshops”), resources (‘Resources’), courses (‘Courses’) and webinars (the ‘Webinars’) that have been listed for sale through the Website (the ‘Products’) as well as browse the free resources (the ‘Free Resources’) and psychological counselling services (the ‘Services’) that have been listed on the Website. The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

    1.2. The Website is operated by The Wattle Tree Clinic Pty Ltd (ACN: 657220178) (‘The Wattle Tree Clinic’). Access to and use of the Website, or any of its associated Products and Services are provided by The Wattle Tree Clinic. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

    1.3. The Wattle Tree Clinic reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Wattle Tree Clinic updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

  2. Acceptance of the Terms

    You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Wattle Tree Clinic in the user interface.

  3. Bookings for the Services and Cancellation Policy

    3.1. Appointment bookings for the Services are made by telephone. You are responsible for paying the fee for each appointment (the ‘Fee’) at the time of each appointment. The Wattle Tree Clinic reserves the right to request payment of the Fee prior to the appointment.

    3.2. You must notify The Wattle Tree Clinic of an intention to cancel an appointment through e-mail to hello@thewattletreeclinic.com.au or telephone to 0431 622 729 and abide by the following (‘Cancellation Policy’).

    3.3. If you need to cancel your appointment you agree to provide at least 48 hours’ notice. Unfortunately, if you cancel within 48 hours of your scheduled appointment you will be charged 50% of the Fee for the appointment. If you cancel on the day of your scheduled appointment, arrive more than 25 minutes late for your scheduled appointment or do not show up to your scheduled appointment you will be charged 100% of the Fee for the appointment.

  4. Purchase of Products

    4.1. In using the Purchase Services to purchase the Products through the Website, you will agree to the payment of the Purchase Price listed on the Website for the Products.

    4.2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (the 'Payment Gateway Providers').

    4.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

    4.4. Following payment of the Purchase Price being confirmed by The Wattle Tree Clinic, you will be issued with a receipt to confirm that the payment has been received and The Wattle Tree Clinic may record your purchase details for future use.

    4.5. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.

    4.6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

  5. Purchase of the Workshops - Refunds and Cancellations

    5.1. The Wattle Tree Clinic requires all bookings and purchases for the Workshops, to be made via the method provided on the website.

    5.2. If you choose to purchase the Workshops The Wattle Tree Clinic agrees to perform the services for you for the Purchase Price and on the date/s as set out on the Workshops information page and payment page.

    5.3. Subject to clauses 5.5 and 5.6, the Workshops are non-refundable. This means if you wish to terminate your involvement you will not be provided with a refund.

    5.4. If you are no longer able to attend your original booking date for the Workshop The Wattle Tree Clinic may at its sole discretion, and depending on availability, allow you to alter your booking to allow you to participate in the Workshop on an alternative date. Any request to alter your booking must be made in writing to hello@thewattletreeclinic.com.au at least 14 days prior to the Workshop commencement date.

    5.5. If the Workshop is cancelled by The Wattle Tree Clinic before the scheduled start date and time, for any reason whatsoever, you will receive a full refund of the Purchase Price. The Wattle Tree Clinic will communicate with you directly.

    5.6. The Wattle Tree Clinic may reschedule the Workshops at any time. If you are not able to attend the new date, you will be provided with a full refund of the Purchase Price.

    5.7. The Wattle Tree Clinic will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of the Workshops.

    5.8. If at The Wattle Tree Clinic’s sole discretion, The Wattle Tree Clinic’s forms the opinion that it is unable to provide the Workshop in person due to the covid-19 pandemic, the Workshop will be converted to an online format.

    5.9. No refund will be available to you should the Workshop be held online due to the covid-19 pandemic.

  6. Purchase of Webinars and Courses – Refunds and Cancellations

    6.1. The Wattle Tree Clinic requires all bookings and purchases for the Webinars and Courses to be made via the method provided on the website.

    6.2. If you choose to purchase the Webinars and Courses, The Wattle Tree Clinic agrees to perform the services for you for the Purchase Price as set out on the Webinars and Courses information page and payment page.

    6.3. The Webinars are non-refundable.

    6.4. The Courses are non-refundable. This means that if you wish to terminate the Course early, all unpaid amounts of the Purchase Price are non-refundable.

    6.5. For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Course early, The Wattle Tree Clinic reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Course will be revoked.

    6.6. In the event that any payment under the Terms is not made in full on the due date, The Wattle Tree Clinic is entitled to charge You interest at the rate of 4.5% per annum, calculated daily.

    6.7. You agree that if You default on any payments due and payable under the Terms, any costs incurred by The Wattle Tree Clinic for steps taken to enforce payment terms will be recoverable and payable by You.

    6.8. The Wattle Tree Clinic will only provide You with a refund of the Purchase Price in the event that The Wattle Tree Clinic is unable to continue to provide the Webinars or the Courses (the 'Refund').

  7. Purchase of Resources – Refunds

    7.1. The Wattle Tree Clinic does not provide refunds for any Resources. Please keep this in mind when making a purchase.

  8. Delivery of Courses and License Information

    8.1. Each Course purchase grants to You access to the Course through the relevant Member Portal (the ‘Member Portal’).

    8.2. When You purchase a Course through the Website, The Wattle Tree Clinic grants You a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for Your specific, non-commercial use only (the ‘Licence’).

    8.3. The Licence is valid for the Course term outlined in the Course information page of the relevant Course (‘Licence Term’). This means the Course will be viewable via the download link for the Licence Term only. After this time the Course will expire and You will no longer be able to access the Course.

    8.4. The Courses are intended for use in a single household within the licence Term only. Sharing of Your Licence is prohibited. This includes the sharing of any supplemental Course materials, digital resources, and access to any other aspect of the Course.

  9. Delivery of Webinars and Resources

    9.1. Webinars and Resources are delivered as links to download sent via email following purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact hello@thewattletreeclinic.com.au.

    9.2. The Wattle Tree Clinic will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Webinars or Resources.

  10. Warranty

    10.1. The Products and Services do come with guarantees that cannot be excluded under the Australian Consumer Law.

    10.2. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty'). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.

    10.3. For major failures with the Services, you are entitled to cancel this Agreement with The Wattle Tree Clinic, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

  11. Disclaimer

    11.1. You agree that when you purchase the Workshops, Webinars, Resources or Courses or access the Free Resources you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from The Wattle Tree Clinic’s relationship with you, its educational materials and interactions with you. As such, you agree that The Wattle Tree Clinic is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Workshops, Webinars, Resources, Free Resources or Courses it provides.

    11.2. You understand that the Workshops, Webinars, Resources, Free Resources and Courses are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Workshops, Webinars, Resources, Free Resources and Courses are not to be used as a substitute for professional psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.

  12. Information Disclaimer

    12.1. Any information, advice, content or documentation provided on the Website, in the Workshops, Webinars, Courses or within the Resources and Free Resources, social media accounts, blog or on any other related platform do not constitute professional advice and are provided for general information and guidance purposes only.

    12.2. All care is taken in the preparation of the information and published materials on the Website, Workshops, Webinars, Courses or within the Resources and Free Resources, social media accounts, blog, or on any other related platform. The Wattle Tree Clinic does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

    12.3. To the extent permissible by law, the Wattle Tree Clinic will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, Workshops, Webinars, Courses or within the Resources and Free Resources, social media accounts, blog, or on any other related platform.

  13. Copyright and Intellectual Property

    13.1. You acknowledge that the Website, the Purchase Services, the Workshop, Webinar and Course content, the Resources and Free Resources content, the blog content, social media content, The Wattle Tree Clinic name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by The Wattle Tree Clinic or its affiliates, licensors, or suppliers whether displayed on the Website, social media accounts, blog or on any other related platform (‘the Content’).

    13.2. You hereby indemnify and agrees to keep indemnified The Wattle Tree Clinic against all liability, losses or expenses incurred by The Wattle Tree Clinic in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of The Wattle Tree Clinic or any third party by you or your agents.

    13.3. You may not, without the prior written permission of The Wattle Tree Clinic and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

    13.4. For any services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by The Wattle Tree Clinic, The Wattle Tree Clinic grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific services, and any related software, content, equipment or other materials for your specific, non-commercial use only.

  14. Privacy

    The Wattle Tree Clinic takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to The Wattle Tree Clinic Privacy Policy.

  15. General Disclaimer

    15.1. You acknowledge that The Wattle Tree Clinic does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services, Workshops, Webinars, Courses, Resources and Free Resources other than provided for pursuant to these Terms.

    15.2. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

    15.3. Subject to this clause, and to the extent permitted by law:

    (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

    (b) The Wattle Tree Clinic will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

    15.4. Use of the Website, the Purchase Services, Workshops, Webinars, Courses and any of the Resources and Free Resources of The Wattle Tree Clinic is at your own risk. Everything on the Website, the Purchase Services, Workshops, Webinars, Courses and any of the Resources and Free Resources of The Wattle Tree Clinic, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of The Wattle Tree Clinic make any express or implied representation or warranty about its Content or any Products or Purchase Services (including the Products or Purchase Services of The Wattle Tree Clinic) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

    (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

    (b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

    (c) costs incurred as a result of you using the Website, the Purchase Services or any of the Services;

    (d) the Content or operation in respect to links which are provided for your convenience;

    (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

    (f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

  16. Mailing List and SMS List

    16.1. You will be given the option to register for The Wattle Tree Clinic Mailing List (the 'Mailing List') and the SMS List (the ‘SMS List’).

    16.2. As part of the registration process, you may be required to provide personal

    information about yourself (such as identification or contact details), including:

    (a) Email address

    (b) Telephone number

    (c) Name and address

    16.3. If you choose to register for the Mailing List or SMS List you agree to receive promotional material, updates and other content from The Wattle Tree Clinic.

  17. Limitation of Liability

    17.1. The Wattle Tree Clinic’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of The Wattle Tree Clinic is the resupply of information or Purchase Services to you.

    17.2. You expressly understand and agree that The Wattle Tree Clinic, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

    17.3. The Wattle Tree Clinic is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of The Wattle Tree Clinic, by third parties or by any of the Purchase Services offered by The Wattle Tree Clinic.

  18. Indemnity

    18.1. You agree to indemnify The Wattle Tree Clinic, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

    (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

    (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

    (c) any breach of the Terms.

  19. Venue and Jurisdiction

    The Purchase Services offered by The Wattle Tree Clinic is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New Sout Wales, Australia.

  20. Governing Law

    The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

  21. Independent Legal Advice

    Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

  22. Severance

    If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.