WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

1.1. Welcome to www.thegentlecounsellor.com (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). 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 Crystal Hardstaff; The Gentle Counsellor (ABN 52606686246) . Access to and use of the Website, or any of its associated Products or Services, is provided by Crystal Hardstaff; The Gentle Counsellor. 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 Services, immediately.

1.3. Crystal Hardstaff; The Gentle Counsellor reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Crystal Hardstaff; The Gentle Counsellor 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. Before you continue, we recommend you keep a copy of the Terms for your records.

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 Crystal Hardstaff; The Gentle Counsellor in the user interface.

3. Registration to use the Purchase Services

3.1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including: (a) Email address (b) First Name

3.2. You warrant that any information you give to Crystal Hardstaff; The Gentle Counsellor in the course of completing the registration process will always be accurate, correct and up to date.

3.3. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

3.4. You may not use the Purchase Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with Crystal Hardstaff; The Gentle Counsellor; or (b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by: (a) the Terms; (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; (c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services; (d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Crystal Hardstaff; The Gentle Counsellor of any unauthorised use of your password or email address or any breach of security of which you have become aware; (e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Crystal Hardstaff; The Gentle Counsellor providing the Purchase Services; (f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; (g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Crystal Hardstaff; The Gentle Counsellor for any illegal or unauthorised use of the Website; and (h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

5.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).

5.2. Payment of the Purchase Price may be made through Stripe or PayPal (the ‘Payment Gateway Provider’) 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

5.3. Following payment of the Purchase Price being confirmed by Crystal Hardstaff; The Gentle Counsellor, you will be issued with a receipt to confirm that the payment has been received and Crystal Hardstaff; The Gentle Counsellor may record your purchase details for future use.

5.4. Crystal Hardstaff; The Gentle Counsellor does not provide a refund on the return of the Products due to the nature of instant access to online and downloaded information and products.

6. Warranty

6.1. Crystal Hardstaff; The Gentle Counsellor’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. 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. Email thegentlecounsellor@gmail.com with proof of purchase and details of issues with product.

7. Copyright and Intellectual Property

7.1. The Website, the Purchase Services and all of the related products of Crystal Hardstaff; The Gentle Counsellor are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Crystal Hardstaff; The Gentle Counsellor or its contributors.

7.2. Crystal Hardstaff; The Gentle Counsellor retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Crystal Hardstaff; The Gentle Counsellor; or (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

7.3. You may not, without the prior written permission of Crystal Hardstaff; The Gentle Counsellor 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.

8. Privacy

Crystal Hardstaff; The Gentle Counsellor takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Crystal Hardstaff; The Gentle Counsellor’s Privacy Policy, which is available on the Application.

9. General Disclaimer

9.1. You acknowledge that Crystal Hardstaff; The Gentle Counsellor does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

9.2. Crystal Hardstaff; The Gentle Counsellor will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

9.3. 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.

9.4. 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) Crystal Hardstaff; The Gentle Counsellor 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.

9.5. Use of the Website, the Purchase Services, and any of the products of Crystal Hardstaff; The Gentle Counsellor is at your own risk. Everything on the Website, the Purchase Services, and the Products of Crystal Hardstaff; The Gentle Counsellor, 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 Crystal Hardstaff; The Gentle Counsellor make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Crystal Hardstaff; The Gentle Counsellor) 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 Products; (d) the Content or operation in respect to links which are provided for the User’s 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.

10. Limitation of Liability

10.1. Crystal Hardstaff; The Gentle Counsellor’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 Crystal Hardstaff; The Gentle Counsellor is the resupply of information or Purchase Services to you.

10.2. You expressly understand and agree that Crystal Hardstaff; The Gentle Counsellor, 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.

10.3. Crystal Hardstaff; The Gentle Counsellor 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 Crystal Hardstaff; The Gentle Counsellor, by third parties or by any of the Purchase Services offered by Crystal Hardstaff; The Gentle Counsellor.

11. Termination of Contract

11.1. The Terms will continue to apply until terminated by either you or by Crystal Hardstaff; The Gentle Counsellor as set out below.

11.2. If you want to terminate the Terms, you may do so by: Your notice should be sent, in writing, to Crystal Hardstaff; The Gentle Counsellor via the ‘Contact Us’ link on our homepage. (a) notifying Crystal Hardstaff; The Gentle Counsellor at any time; and (b) closing your accounts for all of the Purchase Services which you use, where Crystal Hardstaff; The Gentle Counsellor has made this option available to you.

11.3. Crystal Hardstaff; The Gentle Counsellor may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) Crystal Hardstaff; The Gentle Counsellor is required to do so by law; (c) the partner with whom Crystal Hardstaff; The Gentle Counsellor offered the Purchase Services to you has terminated its relationship with Crystal Hardstaff; The Gentle Counsellor or ceased to offer the Purchase Services to you; (d) Crystal Hardstaff; The Gentle Counsellor is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or (e) the provision of the Purchase Services to you by Crystal Hardstaff; The Gentle Counsellor is, in the opinion of Crystal Hardstaff; The Gentle Counsellor, no longer commercially viable.

11.4. Subject to local applicable laws, Crystal Hardstaff; The Gentle Counsellor reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Crystal Hardstaff; The Gentle Counsellor’s name or reputation or violates the rights of those of another party.

11.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Crystal Hardstaff; The Gentle Counsellor have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

12. Indemnity

12.1. You agree to indemnify Crystal Hardstaff; The Gentle Counsellor, 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.

13. Dispute Resolution

13.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

13.2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

13.3. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must: (a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; (b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee; (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; (d) The mediation will be held in Gold Coast, Australia.

13.4. Confidential All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

13.5. Termination of Mediation: If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14. Venue and Jurisdiction The Purchase Services offered by Crystal Hardstaff; The Gentle Counsellor 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 Queensland, Australia.

15. Governing Law The Terms are governed by the laws of Queensland, 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 Queensland, 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.

16. 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.

17. 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

GENTLE MOTHERHOOD MEMBERSHIP & COURSES

By purchasing the Gentle Motherhood monthly membership on this platform, you agree to the following terms outlined in this agreement as a condition of your participation in this program.

  1. Program Structure and Delivery

Gentle Motherhood monthly membership is self-paced and includes:

  1. Monthly units with video lessons
  2. Live coaching calls via the Facebook group
  3. Opportunity to submit questions to Crystal, before the live calls or during the live calls
  4. PDF worksheets to deepen your practices.
  5. Pre-recorded video workshops and tutorials
  6. Audio training
  7. Access to the private Facebook group, so you can to track your progress, connect with other women/mothers and to guide you through the membership.
  8. Fees & Method of Payment
    1. By purchasing this Program, you agree to pay the advertised price in Australian Dollars (AUD). Please check the equivalent in your local currency.
    2. All prices include GST.
    3. The Gentle Counsellor reserves the right to change prices from time to time. Please check the website for updated pricing information.

Current Pricing

  1. If you pay in full between August 14 2020 and August 17 2020 during the Launch Offer, the total cost is $15.00 monthly ($180 for the year) or $150 yearly.
  2. If you choose to pay by a monthly payment plan the total cost is $180.00, payable in 12 equal monthly installments of $15.00
  3. If you choose to pay by a 1-yearly payment plan the total cost is $150.00, payable in 1 equal yearly installment of $150.00
  4. All Payments either in full or as a payment plan will be requested as an online payment through your choice of Stripe or Paypal via our current course delivery platform www.thegentlecounsellor.com.

Missed Payments

  1. If your credit card is declined and a payment is missed you will be sent ONE email reminder to bring your payment up to date before the next due date for payment.
  2. If payment is not received after the first late payment reminder your account will be in arrears.
  3. Please note – as you have received the Course Program and Contents you are obliged to make full payment as per the payment arrangement commitment you entered into under this Agreement.
  4. Failure to pay is a breach of this Agreement and we are entitled to seek legal relief and remedy for this breach and to recover the debt owed by you.
  5. Outstanding accounts will be referred to a third party for debt collection.
  6. Refund Policy
    1. You may request a refund before the Program starts and before you have received any content by providing a request in writing to Crystal at thegentlecounsellor@gmail.com
  1. Your Responsibilities
    1. As a participant in the Program, you understand that you are expected to:
      1. Attend all live and/or recorded calls, tutorials or lectures to enable you to progress through the Program requirements.
      2. Complete all homework
      3. Take action and implement lessons
      4. Ask questions
      5. Be non-judgmental, respectful and positive in all communications within the group at all times.
      6. Complete all modules, attend all calls and apply all practices.
    2. You accept and agree that you are fully responsible for your progress and results from the Program.
    3. You accept and agree that you must complete the Program requirements to obtain the full benefit of the Program.
    4. You accept and agree that individual results may vary and that it is possible that you may not achieve the expected results and that the outcome is dependent upon your participation and personal skills and abilities and not the responsibility of The Gentle Counsellor or Crystal.

Private Facebook Group for Gentle Motherhood

  1. You understand and agree that
  • the community created for participants in the private Facebook group for Gentle Motherhood is for the sole purpose of providing a safe forum for you to connect with peers, ask questions, access live calls and to source inspiration and motivation.
  • You are prohibited from pitching your business, promoting, selling or building your own business network, promoting other Facebook groups and businesses, or offering lead generation or paid offers in the Gentle Motherhood Facebook Group or by private message to other group participants.
  1. Intellectual Property and Copyright
    1. All programs and materials available on this platform and within any program created by The Gentle Counsellor are the property of Crystal Hardstaff and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
    2. All material including but not limited to course content, manuals, videos and all other material is provided solely for your personal non-commercial use.
    3. You may not use any of the materials available on this platform or within any program in a manner that infringes any of our rights or that has not been authorised by us.
    4. 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 this platform or any program without the express permission of Crystal. You may request such permission by emailing thegentlecounsellor@gmail.com.
  2. Disclaimer

You understand and agree that:

  1. You have engaged The Gentle Counsellor’s services and purchased products at your own risk and that all programs are provided as an educational and informational service or product only.
  2. The Gentle Counsellor does not offer any representations, warranties, or guarantees, verbally or in writing, regarding your results from any program.
  3. Results are dependent on various factors including but not limited to, commitment, online skills, personal ability, and dedication, and in no way dependent on any information provided to you by The Gentle Counsellor.
  4. You shall refer any financial questions (business and development) which may arise to qualified professionals before making any financial or business development related decision during or as a result of participating in any program.

Thank you for reading this document. By continuing with your purchase and enrolment you agree to the terms and conditions of The Gentle Counsellor.

DISCLAIMER

The information contained on this website, all products and services, and social media platforms @thegentlecounsellor is for educational purposes only and not intended or implied to be a substitute for professional medical, mental health, legal, or other advice. You should not use this information for diagnosing or treating a health problem or disease.

Any communication on social media platforms (comments or direct messages) or through email or online products and services does not constitute a therapeutic relationship.

Always seek the advice of your own licensed and qualified medical, mental health, or legal professional.

Reliance on any information provided by The Gentle Counsellor is solely at your own risk.

Crystal Hardstaff, The Gentle Counsellor, is not liable for any advice or information provided on this page that is utilised without first consulting with your treatment team.

Call your physician or mental health professional or emergency hotline for all emergencies.

Australia: Emergency 000 Lifeline 13 11 14 PANDA 1300 726 306 Kids Helpline 1800 55 1800

NZ: Emergency 111 Lifeline New Zealand 09 5222 999 (Auckland) 0800 543 354 (Rest of NZ)

Canada: Emergency 911 Crisis Services Canada
1-833-456-4566 toll free

USA: Emergency 911 Mental Health America 1-800-273-TALK (8255)

UK: Emergency 999 Samaritans 116 123

Europer: Emergency 112

South Africa: Emergency 10 177 Lifeline Southern Africa 0861 322 322 

Japan: Counselling 03 5774 0992