Terms and conditions - Sarah Woodhouse

TERMS OF SERVICE

This website is owned and operated by THE TRAUMA LOOP PTY LTD. By accessing or using the website, you agree to be bound by these Terms and Conditions and to use this website in accordance with these Terms and Conditions and our Privacy Policy.


The following are the Terms and Conditions (the “Agreement”) which govern your access to and use of our online training portal (the freedom process™). The freedom process™ may be accessed via the website www.sarahwoodhouse.com and its related apps.


By accessing or using the website you are entering into this Agreement. You should read this Agreement carefully before starting to use the website. If you do not agree to be bound to any term of this Agreement, you must not access the website.


“We,” “our,” “TTL” means THE TRAUMA LOOP PTY LTD and its affiliates. “You,” “your,” visitor,” or “user” means the individual accessing the [INSERT].

1. Services

1.1. The website may be used to as a tool learn about emotional trauma.


1.2. You understand, agree and acknowledge that the services and knowledge available on the website may not be appropriate in assisting you with your unique experience of trauma and that they are not to be used as a substitute for a face-to-face treatment and/or care in your particular situation.


1.3. If you are thinking about suicide or if you are considering harming yourself contact LIFELINE on 13 11 14 (24 hours a day, 7 days a week) or call the medical emergency number (000 in Australia). The website is not designed for use in any of the aforementioned cases.


1.4. The website is not intended for the provision of clinical diagnosis or treatment requiring consultation with a mental health practitioner and should not be used to satisfy any requirement to undertake treatment such as Court ordered counselling or treatment or meeting a work related requirement for counselling or treatment.


1.5. Do not disregard, avoid or delay in obtaining in person care from a registered psychologist or other medical practitioner as a result of any information you have obtained through your use of the website.


1.6. If you are under 18, you may use the Website only with the express involvement of a parent or guardian following the written consent by that guardian to your use of the website.

2. Privacy and Security

2.1. Protecting and safeguarding any information you provide through the website is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at https://www.sarahwoodhouse.com/sw-privacy-policy/ (The ‘Privacy Policy’).


2.2. By agreeing to this agreement and/or by using the website, you are also agreeing to the terms of the Privacy Policy. The terms of the Privacy Policy apply as though they were part of this agreement and breach of those terms is a breach of this agreement.

3. Third Party Content

3.1. The website may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.


3.2. Throughout the website, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the website or on websites linked to by us on the website.


3.3. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not TTL. Neither TTL nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, TTL neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the websites by anyone other than an authorised TTL representative while acting in his/her official capacity.

4. Disclaimer of Warranty and Limitation of Liability and Indemnity

4.1. You hereby release us and hold us harmless from any and all causes of action and claims of any nature resulting from the use of the website, including any act, omission, opinion, advice, suggestion or service we provide on the website and/or any other content of information accessible through the website.


4.2. The website is provided without any express or implied warranties of any kind including but not limited to fitness for a particular purpose of accuracy. You use the website at your own risk.


4.3. You understand, agree and acknowledge that we shall not be liable to you or to any third party for any indirect, consequential, special, exemplary or punitive damages arising out of your use of the website.


4.4. You will indemnify us against any claim against us, including a claim by you, arising out of or connected with your use of the website.


4.5. You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, claims by you, litigation and reasonable legal fees and expenses) arising out of or relating to any of the following:
   4.5.1. your access to or use of the website;
   4.5.2. any actions made with your account or Account Access whether by you or by someone else;
   4.5.3. your violation of any of the provisions of this Agreement;
  4.5.4. non-payment for any of the services which were provided through the website;
   4.5.5. your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.


4.6. This section 4 shall survive the termination or expiration of this Agreement.

5. Limitations on Use

5.1. It is a condition of your use of the website that you do not:
   5.1.1. Restrict or inhibit any other user from using and enjoying the website.
   5.1.2. Use the website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
   5.1.3. Interfere with or disrupt any servers or networks used to provide the website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the website.
   5.1.4. Use the website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
   5.1.5. Gain unauthorised access to the website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means.
   5.1.6. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this website.
   5.1.7. Use the website to post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law.
   5.1.8. Use the website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
   5.1.9. Use the website to post or transmit any information, software or other material that contains a virus or other harmful component.
   5.1.10. Use the website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
   5.1.11. Use the website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
   5.1.12. Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the website.

6. Intellectual Property

6.1. This website and all the materials available on the website are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.


6.2. The website is provided solely for your personal non-commercial use.


6.3. You may not use the website or the materials available on the website in a manner that constitutes an infringement of our rights or that has not been authorised by us.


6.4. Unless explicitly authorised in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the website. You may, however, from time to time, download and/or print one copy of individual pages of the website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

7. License

7.1. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the website, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing:
   7.1.1. that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and
   7.1.2. that you are eighteen years of age or older.


7.2. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

8. Limitations on Linking and Framing

You may establish a hypertext link to the website so long as the link does not state or imply any sponsorship of your site by us or by the website. However, you may not, without our prior written permission, frame or inline link any of the content of the website, or incorporate into another website or other service any of our material, content or intellectual property.

9. Third Party Links
10. Your account, representations, conduct and commitments

10.1. You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.


10.2. You hereby confirm and agree that all the information that you provided in or through the website, and the information that you will provide in or through the website in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information, so it will continue to be accurate, current and complete.


10.3. You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.


10.4. You agree to notify us immediately of any unauthorised use of your Account Access or any other concern for breach of your account security.


10.5. You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.


10.6. You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorised by you or not, and you agree to indemnify us for any such damage or loss.


10.7. You agree and commit not to use the account or Account Access of any other person for any reason.


10.8. You agree and confirm that your use of the website are for your own personal use only and that you are not using the website for or behalf of any other person or organisation.


10.9. You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the website’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.


10.10. You agree and commit not to make any use of the website for the posting, sending or delivering of the following:
    10.10.1. unsolicited email and/or advertisement or promotion of goods and services;
    10.10.2. malicious software or code;
    10.10.3. unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content;
    10.10.4. any content that infringes a third party right including intellectual property rights;
    10.10.5. any content that may cause damage to a third party; and
    10.10.6. any content which may constitute, cause or encourage a criminal action or violate any applicable law.

10.11. You agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorised to use, and that all payment related information that you provided and will provide in the future, to or through the website, is accurate, current and correct and will continue to be accurate, current and correct.


10.12. You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the website. By providing us with your Payment Means you authorise us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information.
10.13. If you have any concerns about a bill or a payment, please contact us immediately by choosing the “Contact Me” link on the website.

11. Modifications, Termination, Interruption and Disruptions to the website

11.1. You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the website, any part of the website or the use of the website, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.


11.2. The website depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the website’s reliability and accessibility, you understand and agree that no web based service including the website can be 100% reliable and accessible and so we cannot guarantee that access to the website will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

12. Termination

We may cancel or terminate your right to use the website or any part of the website at any time without notice. In the event of cancellation or termination, you are no longer authorised to access the part of the website affected by such cancellation or termination.

 

The restrictions imposed on you with respect to material downloaded from the website, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

13. Notices

We may provide notices or other communications to you regarding this agreement or any aspect of the website, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to the “Contact Me” link on the website.

14. General

14.1. This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of New South Wales.


14.2. You irrevocably agree that the exclusive venue for any action or proceeding arising out of or relating to this Agreement shall be the Courts of New South Wales or the Federal Court of Australia Sydney Registry.


14.3. This agreement constitutes the entire agreement between the parties and you warrant that you have not relied upon any promises or representations by us except as set forth in this agreement.


14.4. We may freely transfer or assign this Agreement or any of its obligations hereunder.


14.5. The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.


14.6. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.


14.7. All clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.

15. Force Majeure

We may totally or partially suspend access to the website during any period where We are prevented or hindered from providing access as a result of any circumstances outside our reasonable control, including without limitation of acts of God, strikes, lockouts, pandemic, raw materials shortages, accidents, breakdowns of plant and equipment or suspensions of supply of any utility.

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