Introduction

We’re excited to have you join us in one of our ONLINE PROGRAMS, such as ‘The Anxiety Antidote’. Our Programs feature video-based learning modules, downloadable PDF worksheets, and access to an online community. If you are unsure how participation in the program may affect you, you should discuss your individual circumstances with a medical professional before commencing.

These are the terms and conditions on which we agree to sell access to our Program to you, our Customer. Please read these terms and conditions carefully, as they apply to all our Online Programs and can only be waived or varied in writing signed by us. These terms and conditions include any description of the Online Program on this Website, however to the extent of any inconsistency with these terms, the terms set out in this document will prevail. Please note that additional terms and conditions govern the sale of products and services on our website.

By proceeding to complete your purchase to access the Online Program, you’re indicating to us that you’ve read, understood and agreed to enter into a binding agreement with us on these terms and conditions. If you have any questions or concerns about an Online Program, this Agreement or the Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.

eCommerce

While we take every care to make sure our online store on the Website is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error).

Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been a technical error leading to your order, we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price).

Mailing List

By joining one of the Online Programs, you agree to opt-in to our mailing list.

Payment

You agree to pay us the price listed on our Website (subject of course to the proviso above, in the case of accidental errors and omissions) to purchase access to the Online Program. You may pay for your order via electronic funds transfer, or any method of payment available on our Website from time to time.

You acknowledge and agree that your payment in full in cleared funds is a condition of this Agreement, any breach of which will entitle us to terminate this Agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges.

If a payment due to us is not made for any reason, this amounts to a breach of this Agreement, which will entitle us to suspend or limit your access to the Online Program until the payment is made and/or to terminate this Agreement immediately on notice to you.

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor (such as Stripe or PayPal), which are available on their respective websites. You understand that these services are provided by third parties and are made available to you on our Website for convenience only. You will be responsible for the payment of any applicable merchant fees.

We are not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our Website, please contact them directly.

We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.

If you fail to pay us for an order, or if an insolvency event occurs in relation to you (for example, if you commit an act of bankruptcy or become insolvent), we may terminate this Agreement.

Refunds

Refunds will only be granted in accordance with our obligations under Australian Consumer Law.

Discounts

We may offer discounts from time to time. Please note that discounts are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both). Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made (whichever occurs first).

We reserve the right to revoke any discount offer at any time without notice.

Credit

If for any reason Between the Ears agrees to grant you credit, the grant of credit is subject to the terms of this Agreement and applicable legislation. To the extent of any inconsistency, the terms provided for in applicable legislation prevail where Between the Ears are not permitted to vary the terms by agreement. Where legislation provides that Between the Ears may vary the terms by agreement, the terms of this Agreement prevail.

Credit must be redeemed within 12 months from the date of issue and will expire after this date. It will then be unable to be redeemed, replaced, or refunded. Credit is not redeemable for cash under any circumstances, including any partial balance remaining after redemption.

Access to the Course

To access an Online Program, you must create an account by entering your email and nominating a password. You will receive a confirmation and welcome email with your login details which you can use to access the Program. You can access the Program at any time.

If you have any technical problems accessing the Program or any materials or services which form part of the Program, please contact us for assistance by emailing [email protected]

Access to the Program will be revoked:

• on expiry of the access period, as set out on our website; or

• immediately on termination; or

• as otherwise provided for in this Agreement.

Release of Modules

The Programs are comprised of modules. Modules are released weekly. After a module has been released, you will be able to access it using your login details. You will have access to the modules in perpetuity, unless or until we terminate this agreement.

Transfer of Risk

Once you have received the email with your login details, risk in the Program passes to you. It is important for you to ensure your login details are stored securely and there is no unauthorised access to the Program using your login details.

Conduct

You warrant that you will treat all other Program participants with respect and to refrain from conduct which is otherwise illegal, discriminatory, harassing, threatening, sexist, defamatory, vilifying, bullying, trolling, misleading or deceptive.

You are prohibited from spamming other participants personally in anyway, including but not limited to promoting your own business to our participants, posting unrelated content in the group, or otherwise attempting to recruit participants.

Failure to comply with this clause amounts to a breach of this Agreement, which will entitle us to suspend or limit your access to the Program and/or to terminate this Agreement.

Failure to adhere to the community guidelines and/or live call guidelines may result in removal from the Program.

Advice, Information, and Instructional Videos

Our Programs have been created by Psychologist, Leah Fogarty.

They are designed to educate you and so throughout each Program we may give you advice, recommendations, information, instruction, or assistance in writing, verbally or in another format, believing it to be accurate, appropriate, and reliable at the time but we don’t give any warrant of accuracy, appropriateness, or reliability.

The information, advice, and instruction we give are general in nature and are not intended to constitute or substitute for professional, medical, or psychological advice. You should seek appropriate professional medical or psychological advice suitable for your personal circumstances if necessary. 

You should also consult with your doctor or health care professional before acting on recommendations or suggested changes to your lifestyle or health care. If at any time you experience an adverse health reaction you should seek professional medical attention immediately.

Where possible, information provided in our Programs is supported by external research. We don’t give any warranty of accuracy, appropriateness, or reliability for third-party content. You should make your own enquiries into any research referenced throughout the Programs.

We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide in the Course, unless otherwise required by law.

No Guarantees

Information that we provide to you in our Programs has been prepared in line with emerging research in this area. We do not guarantee any method will work and individual results may vary. If you’re a health care professional, we do not guarantee that this method will work for your clients or that it is suitable for your clients.

Exposure to Triggering Content

Between the Ears aims to assist you with your mindset, heartset and emotionset. Due to the nature of the content, you may be exposed to material that is triggering or otherwise psychologically distressing. If you experience distress at any point during the Program, you should remove yourself from the trigger and contact your doctor or psychologist. You should also make yourself aware of mental-health phone lines available in your area. If you are in Australia, you can call Lifeline on 13 11 14. If you are experiencing a medical emergency, call emergency services. If you are in Australia, call 000.

Participation in Activities

Throughout the Programs, we may suggest undertaking a variety of physical activities and exercises. You understand and acknowledge that your participation in any activity throughout the Program is voluntary and undertaken at your own risk. It is your responsibility to ensure that you conduct any activity or exercise in a safe environment. If you suffer from pre-existing medical conditions which may affect your participation in the Program, please consult your doctor prior to commencement. If at any time you experience distress, pain, or discomfort during an activity, discontinue the practice and contact your doctor.

Linked Websites

In the Programs, we may link to and from other websites that we think share our ethos and that we think you will find helpful. Those websites will have information collated and presented by third-party businesses, organisations, and individuals. Please note that we may include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards, or information expressed on them. For your own safety, please make sure you check the protocols and standards of the linked websites before using them.

As the linked websites are run by third parties, we can’t warrant or represent that any of the information on them is up to date, complete or correct. While we do our best to make sure we link to reputable websites, we can’t accept responsibility or liability for any loss, damage, cost, or expense you or anyone else might incur because you’ve used or relied on material on the linked websites, so please make sure you use caution and common sense while browsing online, especially if you’re making purchases.

Australian Consumer Law

Our Programs are covered by the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) and which provides for consumer guarantees that cannot be excluded.

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.

Disclaimer and Limitation of Liability

Except as set out above, to the maximum extent permitted by law, we exclude all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these terms and conditions.

Please note that we 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 to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Program, Website or this Agreement (including as a result of not being able to use or access the Program or Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise, except where we are unable to limit or exclude such loss under the ACL (for example, we are unable to exclude or limit liability for consequential loss arising out of a breach of a consumer guarantee).

We make the Program available to you, however you use it at your own risk. Everything in the Program is provided “as is” and “as available” – we don’t make any representations or warranties of any kind.

If for any reason you are not a consumer for the purposes of the ACL, we exclude all liability to you, however arising, including by negligence.

Intellectual Property

All content in the Program and Website is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, all Intellectual Property Rights and other rights in the Programs and Website (including text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us and are reserved by us.

You acknowledge and agree that all Intellectual Property Rights owned by us or to which we are entitled before and after this Agreement will remain our sole property and that nothing in this Agreement transfers any ownership in our Intellectual Property Rights to you.

You are expressly prohibited from producing, publishing, or otherwise distributing any of the Course Intellectual Property, save as to any licence granted under this Agreement.

If you would like to share our Website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our Website. This includes images on our Website and social media profiles, unless we explicitly cite a copyright notice indicating otherwise. If you’d like to share, re-publish or otherwise use our Website or content in a way that you aren’t expressly authorised to do by these terms, please don’t hesitate to get in touch with us.

Licence of Program Intellectual Property

We grant you, our Customer, a worldwide, non-exclusive, royalty-free, revocable license to access the Program and Program Intellectual Property in accordance with the terms of this Agreement, to copy and store the Program content in your device’s cache memory and to print pages from the Program for your own personal and non-commercial use.

We don’t grant you any other rights whatsoever in relation to the Program or Website. You are not permitted to copy or share the Program Intellectual Property with any other person, including by sharing your course login details. You are specifically prohibited from re-using the content contained in the Program for commercial use. You warrant to us that you will not use the content for any commercial use.

We may revoke this license immediately and without notice if we form the reasonable belief that you have breached any warranty given in this Agreement.

Non-Disparagement

You acknowledge that we’ve established a valuable reputation and goodwill in Australia in the field of Psychology. Subject to law and your rights in connection with the enforcement of this Agreement, you must not at any time disparage, permit or authorise the disparagement of us, any of our related entities or any director, officer, employee, agent, consultant or adviser of us or a related entity; or otherwise make, permit or authorise the making of any statement in anyway relating to or connected with any matters in dispute which is calculated or is reasonably likely to cause damage to us, any of our related entities or any director, officer, employee, agent, consultant or adviser of us or any related entity (including damage to their respective reputations).

This clause survives termination of this Agreement.

Confidentiality

Our Programs are designed to be a safe space for all members to share openly and honestly.

It is an essential term of this Agreement that you agree to keep all Program participant information (Participant Confidential Information) strictly confidential and do not share it with any other person.

Participant Confidential Information that falls within the scope of this clause includes (but is not limited to):

• the name and contact details of each Program participant
• any image, likeness or description of a Program participant (without limitation to the above, taking screenshots or photos of participants in a Program is strictly prohibited)
• any personal details shared by a Program participant (such as their occupation, place of birth or personal situation)

You acknowledge that you may also have access to certain confidential information belonging to Between the Ears including (but not limited to) technical information and know how relating to the Program, the Website and us (Our Confidential Information). You agree to keep Our Confidential Information confidential and not use or disclose it with our prior written consent.

You warrant to us that you will not use or disclose any Participant Confidential Information or Our Confidential Information other than as set out in this clause.

In the event of a breach or threatened breach by you of this clause, you acknowledge we will be irreparably harmed, and monetary damages will be an insufficient remedy. Accordingly, you consent to enforcement of this clause by means of temporary or permanent injunction and other appropriate legal or equitable relief in any competent court.

You agree the restrictions set out in this clause are reasonable and necessary to protect our goodwill and reasonable commercial interests.

This clause survives the expiry or termination for any reason of this Agreement.

Events Beyond Control

We will not be liable for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel. We may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

Relationship of parties

The relationship between the parties is that of independent contractors and nothing in this Agreement is to be construed as constituting an agency, partnership, joint venture, relationship of employee and employer or franchisor and franchisee or any other form of association between the parties.

Dispute Resolution

If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause.

The party must inform the other party in writing of the following:

• the nature of the dispute.

• the outcome they desire to resolve the dispute, and

• the action they believe will settle the dispute.

On receipt of the notice by the other party, both parties will make every effort, without delay and in good faith, to resolve the dispute by mutual negotiation within fourteen (14) Business Days. If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of Victoria appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Melbourne, Victoria unless the parties agree on a suitable virtual alternative.

The existence of a dispute or the commencement of proceedings does not affect the obligation of the parties to continue to perform their obligations under this Agreement.

This clause survives termination of this Agreement.

Jurisdiction

As we are based in Victoria, these conditions will be governed by the laws of that state. If we do end up in court, you agree that the non-exclusive venue for resolving any dispute will be in the courts of Victoria.

Independent Legal Advice

You can seek independent legal advice on these terms and contact us to negotiate changes or amendments to these conditions before proceeding with your order. If you don’t do so, we’ll take it that you’ve read, understood, and agreed to be bound by these conditions, and that you consider the conditions fair and reasonable and not against public policy.

Variation

We may make permitted variations to these conditions at any time by updating this document and giving notice to you by posting a copy on the Website, or otherwise notifying you in writing. The variations will take effect thirty (30) days after the date of posting. Your continued access and use of the Program will indicate your acceptance of the variations.

Permitted variations will be limited to those reasonably required by us to protect our legitimate business interests and which do not seriously impact the benefit you receive under this Agreement.

Severance

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

Assignment

The rights of each party under this Agreement are personal. You may only assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement with our prior written consent, which can only be withheld on reasonable grounds. We may assign, charge, transfer or otherwise encumber or dispose of any of our rights or obligations under this Agreement on giving you notice in writing.

Entire Agreement

The contents of this Agreement constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings, or arrangements made between the parties regarding the subject matter of this Agreement, whether orally or in writing.

Waiver

Except as explicitly set out in this Agreement, a party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.

Term

This Agreement commences on the date that it is accepted by you and will remain in force until each party has fulfilled their obligations under this Agreement, unless terminated earlier in accordance with this Agreement or general law.

Termination

We may terminate this Agreement at any time on thirty (30) days’ written notice to you.

Consequences of Termination

If we elect to terminate this Agreement without cause, your access to the Program will expire on the effective date of termination.

We may elect (in our absolute discretion) to provide you with such documents or other items as we determine to provide you with information you can access post-termination (such as copies of Program materials), however we will be under no obligation to do so and failure to do so will not entitle the Customer to any remedy.

If we terminate this Agreement for cause due to a breach of a clause or warranty as contemplated by this Agreement, you agree that we may terminate immediately (or if in our opinion immediate termination is not reasonable, on expiry of such notice as we give in writing) and that access to the Program will be withdrawn on the effective date of termination.

All disclaimers and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.

Definitions

Agreement means this Agreement between us and the Customer, which commences as set out in this document.

Program means any online program produced by us and accessed via the Website, which contains digital information, videos, and documents.

Program Intellectual Property means any works contained within the Program (including but not limited to videos, audio files, text, graphics, and code) in which Intellectual Property Rights subsist.

Customer means the person or entity entering into this Agreement with us by agreeing to these terms and completing a purchase to access the Program. The Customer may also be referred to as “you” throughout this Agreement.

Intellectual Property Rights means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future (including, without limitation, business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trade marks, the right to sue for passing off and rights to use, and protect the confidentiality of, Confidential Information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration, as well as all digital and electronic rights.

We refers to the legal entity carrying on a business known as Between the Ears which includes the sale of access to Programs on the Website at the time of commencement of this Agreement, or such other entity as validly assumes that entity’s rights and obligations under this Agreement in accordance with the terms of this Agreement. We may also be referred to as “us” or “Between the Ears”, throughout this Agreement.

Website means the website located at https://www.betweentheears.com.au