Terms & Conditions
This agreement is made on the date you accept these terms (“Effective Date”)
Between:
Anna Mary Rutherford
trading as Anna Rutherford Approach (Ara)
ABN 20 192 551 862, ACT, Australia
(referred to as “we”, “us” or “our”)
And:
The person or entity subscribing to the Services or purchasing a Course as identified in the registration or purchase process (“Member”, “Customer” or “you”)
We agree as follows:
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
In this agreement, unless the context otherwise requires:
ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Agreement means these terms and conditions together with any additional terms, conditions and policies published on our Website and expressly referenced herein. In the event of any conflict between these terms and any additional terms, conditions or policies, these terms shall prevail unless expressly stated otherwise in writing.
Commencement Date means the date on which you purchase your Membership and complete the registration process.
Confidential Information means any information (whether written, oral, electronic or visual) relating to our business, operations, Materials, teaching methods, proprietary techniques, business strategies, financial information, customer lists, or member information disclosed or made available to you in connection with this Agreement, but excludes information that: (a) is or becomes publicly available other than through breach of this Agreement or any other confidentiality obligation; (b) was rightfully in your lawful possession prior to disclosure by us and was not subject to any confidentiality obligation; (c) is independently developed by you without reference to or use of our Confidential Information; or (d) is required to be disclosed by law, provided that you give us prompt written notice of such requirement and cooperate with any reasonable request by us to limit such disclosure.
Course means any individual online course offered by us for one-off purchase, including but not limited to the Postpartum Rebuild Course, Pregnancy Strength & Mobility Course, Pregnancy Core & Pelvic Floor Foundations Course, Postpartum Return to Strength Training Course, and C-Section Return to Strength Course, as described on our Website from time to time.
Course Fee means the one-off purchase price for a Course as advertised on our Website at the time of purchase.
Course Materials means all materials provided as part of a Course, including video lessons, instructional content, resources, and any other materials made available through the purchased Course.
Force Majeure Event means any event, circumstance or cause beyond our reasonable control which prevents, hinders or delays us from complying with any or all of our obligations under this Agreement, including but not limited to: pandemic or epidemic; act of God (including fires, earthquakes, floods, storms); war, invasion, hostilities, terrorist acts or threats; civil unrest, riots, strikes or industrial action; government action, changes to laws or regulations; failure of telecommunications, internet or technology infrastructure; failure of third-party service providers; cyber-attacks; or any other event beyond our reasonable control. We shall not be liable for any failure or delay in performance due to a Force Majeure Event.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information, whether registered or unregistered.
Loss or Damage means any loss, damage, liability, cost or expense of any kind whatsoever, including but not limited to: direct, indirect, consequential, incidental, special or punitive damages; loss of profits, revenue, business, data or goodwill; virus or corruption to systems; property damage; and legal costs on a solicitor-client basis, but excluding personal injury and death to the extent such exclusion would contravene the Australian Consumer Law or the Civil Law (Wrongs) Act 2002 (ACT).
Materials means all materials provided to you during your Membership or through a Course, including video classes, workout calendars, foundations and theory content, Course Materials, and any other resources made available through the Services or Courses.
Membership means your subscription to our Services, whether on a monthly or annual basis.
Membership Fee means the subscription fee for the Membership as advertised on our Website from time to time.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Purchase Date means the date on which you complete the purchase of a Course.
Services/Membership Services means the online movement membership services we provide, including:
• access to our current movement library of over 80 video classes
• pregnancy stream and postpartum stream video content
• new classes added monthly to each stream
• four class styles: strength, yoga/mobility, core and movement practice
• foundations and theory section with various classes
• monthly workout calendar
• email access for questions or concerns (response within 24 hours)
• monthly live class and Q&A (to be added)
Website means arawomen.com.au, and all content, functionality and services offered on or through these websites.
1.2 Interpretation
In this Agreement, unless the context otherwise requires:
headings are for convenience only and do not affect interpretation
words in the singular include the plural and vice versa
references to persons include corporations and other legal entities
- references to legislation include amendments, replacements and subordinate legislation
the word ‘including’ is not a word of limitation
2. APPLICATION OF THESE TERMS
2.1 Membership Terms
Clauses 3 to 8 (inclusive) apply to Memberships. If you purchase a Membership, those clauses govern your subscription to our Services.
2.2 Course Terms
Clause 9 applies to Courses. If you purchase a Course, that clause governs your one-off purchase and access to the Course.
2.3 General Terms
Clauses 1, 10 to 20 (inclusive) apply to both Memberships and Courses unless otherwise specified.
2.4 Combined Purchases
If you purchase both a Membership and one or more Courses, all applicable terms apply to your respective purchases.
Payment Method and Billing
On signing up for Subscription with The Grounded Movement Studio, you must provide us with a valid, accepted method of payment.
By completing the Membership form and providing us with a Payment Method you authorise us to automatically charge you the Subscription Fee via the Payment Method you provide.
The Membership Fee is charged in advance via direct debit monthly or annually depending on your selected subscription, on the date corresponding to the date on which you initially commenced your Subscription (Billing Date).
Please note, if you are not based in Australia, the issuer of your Payment Method may charge you a foreign transaction fee or other charges for payment of the Subscription Fee.
The Subscription Fee is inclusive of all other fees and taxes (if applicable).
You are responsible for notifying us of any changes to your payment information and to update your information if your credit card has expired. If for any reason we are unable to process your automatic payment via your payment method, we have the right to cancel your Subscription until payment of your Subscription Fee is received. You are required to notify us of any billing problems or discrepancies within forty-five (45) days after the billing date by emailing anna@groundedmovementstudio.com.au
Personal Information made public by you via one of our Services (such as a chat/message board), is done so at your own risk, and with the understanding that third parties may access and use this Personal Information to send you unsolicited material.
As email communications are not always the most secure, please ensure you do not include credit card or other personal information in your email correspondence to us.
Other Data includes your:
- information collected via cookies and other technologies that record data about your use of the internet, websites, or third parties that promote our website or third parties that are used for other purposes;
- browser and device data;
- transaction data;
- business data;
- information collected by our advertisers, affiliates, business partners and other third parties;
- any other data collected by not mentioned above.
Please note, in some circumstances you may have the ability to update your settings to disallow or refuse cookies, however please note this may affect your ability to use the Services & Content and any other functionality we make available. We cannot control or be held responsible for the use of cookies or other technologies utilised by third parties.
Any services or functionality hosted by a third party, but accessed by you via our Services or website, may be subject to the privacy policies and practices of that third party.
3. MEMBERSHIP: TERM AND COMMENCEMENT
3.1 Commencement
This Agreement commences on the Commencement Date in relation to your Membership and continues until terminated in accordance with this Agreement.
3.2 Free Trial Period
We may offer a 14-day free trial period from the Commencement Date for new members only (not available to members who have previously held a Membership). You may cancel your Membership at any time during the free trial period without charge by cancelling through your account settings on our Website or by emailing us at the contact address provided on our Website at least 24 hours before the end of the trial period. If you do not cancel during the free trial period in accordance with this clause, you authorise us to charge the Membership Fee to your nominated payment method at the end of the trial period, and your Membership will automatically convert to a paid Membership.
3.3 Membership Types
We offer the following Membership types:
Monthly membership (billed monthly)
Annual membership (billed annually)
4. MEMBERSHIP: ELIGIBILITY AND REGISTRATION
4.1 Age Requirement
You must be at least 18 years of age to purchase a Membership or Course. Persons under 18 years of age may not use our Services or Courses.
4.2 Account Information
You must:
• provide complete and accurate information when registering
• notify us promptly of any changes to your information
• maintain the confidentiality of your login credentials
• notify us immediately if you become aware of any unauthorised use of your account
4.3 Technical Requirements
You are solely responsible for obtaining and maintaining, at your own cost, all technology, equipment, internet access and compatible devices necessary to access and use the Services and Courses. We use a membership portal on our Website to deliver the Services and Courses. We do not guarantee compatibility with all devices, browsers or operating systems, and we are not responsible for any inability to access the Services or Courses due to your technology, equipment or internet connection. Minimum technical requirements are available on our Website and may be updated from time to time.
4.4 Special Offers and Codes
Any special offers, gift codes or coupons must be applied at the time of purchase and cannot be applied retrospectively.
5. MEMBERSHIP: HEALTH AND SAFETY ACKNOWLEDGEMENTS
5.1 Your Health Representations
By purchasing a Membership or Course, you represent and warrant that:
• you are in good physical and mental health to participate in physical exercise
• you are not being treated for, and do not have any knowledge of, any injuries, medical conditions, physical limitations or health concerns that would prevent or limit safe participation in physical exercise or our classes, or if you are or do, you have obtained current written clearance and consent from your treating health professional (being a registered medical practitioner, physiotherapist, or other appropriately qualified and registered health provider) specifically authorising your participation in the type of exercise offered in our Services or Courses, and you have provided us with a copy of such clearance upon request
• you will notify us immediately if your health status changes in any way that may affect your ability to safely participate
5.2 Medical Clearance
You must obtain medical clearance from a registered medical practitioner before commencing any classes if you:
• have any pre-existing medical conditions
• are pregnant (particularly if you have a high-risk pregnancy)
• have any postpartum conditions
• have not exercised regularly in the past 12 months
• have any concerns about your ability to safely participate
5.3 Assumption of Risk
Subject to clause 13 and our obligations under the Australian Consumer Law and the Civil Law (Wrongs) Act 2002 (ACT), you acknowledge and agree that:
• participation in physical exercise carries inherent risks including risk of injury
• you participate in our classes entirely at your own risk
• the Services and Courses consist of pre-recorded general instruction and we do not provide individualised instruction, supervision, or personal training services
• you are responsible for choosing appropriate modifications for your level and ability
• you must stop exercising immediately if you experience pain, discomfort, dizziness or any other concerning symptoms
5.4 No Individual Guidance
While we may provide general guidance on how to choose your appropriate level, all Materials, instruction, advice and information provided through the Services and Courses are general in nature only and are not tailored to your individual circumstances, fitness level, medical history, health conditions, goals or specific needs. The Services and Courses do not constitute and are not a substitute for professional medical, health or fitness advice, diagnosis or treatment. You are solely responsible for: (a) determining whether any exercise, class or activity is appropriate and safe for you; (b) selecting appropriate modifications; and (c) monitoring your own physical condition during participation. We strongly recommend consulting with a qualified healthcare professional before beginning any exercise program. You must not rely on any information provided through the Services or Courses as a substitute for professional medical advice.
6. MEMBERSHIP: SERVICES WE PROVIDE
We aim to add new classes monthly to each stream; however, the addition of new classes is subject to our operational capabilities and may be impacted by events or circumstances beyond our reasonable control, including but not limited to any Force Majeure Event,
6.1 Membership Entitlements
As a member, you are entitled to:
• access to our current movement library of over 80 video classes
• access to both pregnancy and postpartum streams with a single Membership
• new classes added monthly (at least one to each stream, usually more)
• access to four class styles: strength, yoga/mobility, core and movement practice
• access to our foundations and theory section
• a monthly workout calendar to guide your practice
• email access to us for questions or concerns about your workouts (with response within 24 hours on business days)
• access to monthly live classes and Q&A sessions (once implemented)
6.2 Service Modifications
We reserve the right to modify, add to, or discontinue any aspect of the Services, Materials, features or functionality at any time in our sole discretion, provided that we will not materially reduce the core Services described in clause 6.1 without providing at least 30 days’ prior written notice. For this purpose, “materially reduce” means a reduction of more than 40% in the volume of content or features available, or the elimination of essential functionality that was expressly advertised as part of the Services. We will use reasonable efforts to provide advance notice of any material changes where practicable, but are not required to provide notice of minor changes, updates, improvements, or modifications necessary for legal compliance, security, or technical maintenance. If you do not agree with material changes that constitute a material reduction, you may terminate this Agreement in accordance with clause 15.2 within 30 days of receiving notice. Continued use of the Services after such changes and the expiry of the notice period constitutes your acceptance of the modifications.
6.3 No Guaranteed Results
While we aim to provide high-quality Materials and instruction, we make no guarantees about the results you may achieve. Results depend on numerous factors including your consistency, effort, physical condition, and individual circumstances.
6.4 General Nature of Materials
The Materials are designed to provide general movement education and instruction. As everyone’s situation and goals are unique, the Materials may not be suitable for your specific needs or deliver your desired outcomes.
7. MEMBERSHIP: FEES AND PAYMENT
7.1 Membership Fees
The Membership Fee is as advertised on our Website at the time of your purchase. All fees are in Australian dollars and are inclusive of GST where applicable.
7.2 Payment Methods
We accept payment via Stripe or PayPal. You must nominate a valid payment method when registering for your Membership.
7.3 Automatic Billing
Following the expiry of any free trial period, the Membership Fee will be automatically deducted from your nominated payment method on a recurring basis (monthly or annually, depending on your Membership type) on the same day of each billing period unless you cancel your Membership in accordance with clause 15. By agreeing to these terms, you authorise us to:
• deduct the Membership Fee and all other accrued fees from your nominated payment method
• deduct any applicable currency conversion fees or payment processing fees
• debit any outstanding amounts without prior notice if payment is defaulted or not received
7.4 Sufficient Funds
You must ensure sufficient funds are available in your nominated payment method to meet all withdrawals on their scheduled due dates.
7.5 Failed Payments
If a payment fails, we may suspend or terminate your access to the Services. We will attempt to notify you and provide a reasonable opportunity to update your payment method before suspending access.
7.6 Fee Changes
We may change the Membership Fee from time to time. We will provide at least 30 days’ notice before any fee increase takes effect. Continued use of the Services after the notice period constitutes acceptance of the new fees.
8. MEMBERSHIP: YOUR OBLIGATIONS
8.1 Permitted Use
You must:
• use the Services and Materials only for your personal, non-commercial use
• comply with all applicable laws when using the Services
• use the Services in a responsible and safe manner
• maintain the confidentiality of any login credentials
8.2 Prohibited Conduct
You must not:
• allow any other person to use your Membership, account or login credentials
• reproduce, duplicate, copy, sell, resell or exploit any Materials in any way
• download, distribute, transmit or share Materials with any third party
• use the Services or Materials for any commercial purpose without our prior written consent
• remove, alter or obscure any copyright, trademark or other proprietary notices
• reverse engineer, decompile or disassemble any aspect of the Services
• interfere with or disrupt the Services or servers or networks connected to the Services
• use the Services in any manner that could damage, disable or impair the Services
8.3 Publication and Communications
You must obtain our prior written consent before publishing any information about us, our Services or Materials. If there is any dispute relating to this Agreement, you must keep all communications relating to the dispute confidential.
9. COURSES: PURCHASE AND ACCESS
9.1 Course Offerings
We offer various Courses for one-off purchase, including:
- Postpartum Rebuild Course
- Pregnancy Strength & Mobility Course
- Pregnancy Core & Pelvic Floor Foundations Course
- Postpartum Return to Strength Training Course
- C-Section Return to Strength Course
- such other Courses as we may offer from time to time
The specific content, structure and materials for each Course are described on our Website at the time of purchase.
9.2 One-Off Purchase
Courses are purchased on a one-off basis. You pay the Course Fee once and receive lifetime access to the purchased Course in accordance with clause 9.4, subject to the terms of this Agreement.
9.3 Course Fees and Payment
The Course Fee for each Course is as advertised on our Website at the time of purchase. All Course Fees are:
- in Australian dollars
- inclusive of GST where applicable
- payable in full at the time of purchase
- non-refundable in accordance with clause 9.8
We accept payment via Stripe or PayPal.
9.4 Lifetime Access
Subject to clause 9.5 and your compliance with this Agreement, when you purchase a Course, you receive lifetime access to that Course. This means you may access the Course Materials at any time for as long as:
- we continue to make the Course available on our platform
- you comply with all terms of this Agreement
- this Agreement remains in effect and has not been terminated
“Lifetime access” means access for the life of the Course on our platform, not your lifetime or any guaranteed minimum period.
9.5 Course Availability and Modifications
We reserve the right to:
- modify, update or improve Course content and materials at any time to maintain quality, accuracy and currency
- discontinue offering a Course to new purchasers at any time
- retire or remove a Course from our platform entirely with at least 90 days’ notice to existing Course purchasers
If we retire or remove a Course that you have purchased:
- we will provide you with at least 90 days’ written notice via email
- you will retain access to the Course Materials during the notice period
- we may offer you alternative comparable Course content or a credit towards another Course, but are not obligated to do so
- you will not be entitled to a refund of the Course Fee (as the Course was provided to you and access was available)
9.6 Course Materials and Delivery
Each Course consists of pre-recorded video lessons, instructional content, resources and materials as described on our Website for that specific Course. All Course Materials are:
- delivered via our online platform accessed through the Website
- available for streaming and viewing online (downloading may not be available for all materials)
- provided on an “as is” basis
- general in nature and not tailored to your individual circumstances (see clause 5.4)
9.7 No Completion Guarantee
Your purchase of a Course grants you access to the Course Materials but does not guarantee:
- that you will complete the Course
- any specific results or outcomes
- ongoing support or updates beyond the Course Materials provided
- future access if you breach this Agreement
You are responsible for your own progress and completion of any Course you purchase.
9.8 No Refunds for Courses
You are entitled to the remedies under the ACL, including refunds in the case of major failures. Other than those statutory rights, we do not offer change-of-mind refunds.
- as required by law under the Australian Consumer Law (see clause 16)
- where we fail to provide access to the Course within a reasonable time and such failure is not remedied within 14 days of you notifying us in writing
- where the Course Materials are materially different from the description provided at the time of purchase and we are unable or unwilling to remedy this within a reasonable time
You acknowledge and agree that:
- change of mind does not entitle you to a refund
- dissatisfaction with Course content (where it matches the description provided) does not entitle you to a refund
- failure to complete the Course or achieve desired results does not entitle you to a refund
- your personal circumstances changing does not entitle you to a refund
9.9 Course Access Requirements
To access your purchased Course, you must:
- maintain an active account with us
- comply with all terms of this Agreement
- use your own login credentials and not share access with others
- have the necessary technology and internet access as described in clause 4.3
9.10 Courses Independent of Membership
Courses are separate from and independent of any Membership. You do not need a Membership to purchase a Course. If you have both a Membership and purchased Courses:
- your access to Courses continues even if your Membership is cancelled or terminated
- your Membership entitlements do not include access to Courses (unless a Course is specifically included as part of a Membership offering)
- cancellation or termination of your Membership does not affect your access to separately purchased Courses (subject to your ongoing compliance with this Agreement)
10. INTELLECTUAL PROPERTY
10.1 Ownership
We own or have permission to use all Intellectual Property Rights in the Materials, Course Materials, Website and Services. All rights not expressly granted to you are reserved.
10.2 Limited Licence
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Materials and Course Materials solely for your personal, non-commercial use during the term of your Membership (for Materials accessed through Membership) or for the duration of your access to a purchased Course (for Course Materials).
10.3 Commercial Use
If you wish to use our Materials or Course Materials for any commercial purpose, you must contact us at anna@arawomen.com.au to obtain our prior written permission. We reserve the right to require payment of a reasonable fee and acknowledgement of our moral rights under the Copyright Act 1968 (Cth). Commercial use without our express written permission constitutes a material breach of this Agreement.
10.4 Feedback
Any feedback, suggestions or ideas you provide about the Services or Courses may be used by us to improve the Services and Courses. You retain full ownership of your feedback, and grant us a non-exclusive, royalty-free licence to use such feedback solely for the internal purposes of improving and developing our Services and Courses, provided that we do not disclose your confidential feedback to third parties without your prior written consent.
11. PRIVACY AND PERSONAL INFORMATION
11.1 Collection and Use
We collect, use and disclose your Personal Information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Details of how we handle Personal Information are set out in our Privacy Policy available on our Website. You acknowledge that you have read and understood our Privacy Policy.
11.2 Consent
By accepting these terms, you consent to our collection, use and disclosure of your Personal Information as described in our Privacy Policy.
12. CONFIDENTIALITY
12.1 Confidentiality Obligations
Each party must keep all Confidential Information of the other party confidential and must not disclose it to any third party without the disclosing party’s prior written consent, except as required by law or to professional advisors, employees, contractors, or agents who have a legitimate need to know and are bound by confidentiality obligations at least as protective as those contained in this Agreement.
12.2 Exceptions
The confidentiality obligations in clause 12.1 do not apply to information that:
- is or becomes publicly available other than through breach of this Agreement
- was lawfully in your possession before disclosure to you by us
- is independently developed by you without reference to our Confidential Information
12.3 Survival
The confidentiality obligations of both parties survive termination of this Agreement and continue indefinitely for trade secrets and for a period of five (5) years from the date of termination for all other Confidential Information.
13. WARRANTIES AND REPRESENTATIONS
13.1 Our Warranties
We warrant that:
- we have the right and authority to enter into this Agreement and provide the Services and Courses
- we will exercise due care and skill in providing the Services and Courses
- we will comply with all applicable laws in providing the Services and Courses
13.2 Accuracy of Information
You acknowledge and agree that:
- there may be occasional errors or omissions in Services or Course descriptions, prices, availability and promotions
- some Membership offerings or Courses may have limited places or be restricted to certain regions or groups
- you may experience technical problems downloading Materials or using the Website
13.3 Third Party Recommendations
We may recommend third party suppliers of products or services. Any purchase from such suppliers creates a contract directly between you and that supplier. We are not involved in that transaction and are not responsible for the supplier’s products, services or conduct. You must direct any concerns, refund requests or feedback directly to the supplier.
13.4 No Health or Medical Advice
You acknowledge and agree that:
- the Materials, Course Materials, Services and Courses are not a substitute for independent professional health or medical advice
- we are not your doctor, health professional, counsellor, psychologist or psychiatrist
- we are not an emergency service
- you must always seek proper advice from a qualified professional regarding any diagnosis, assessment or treatment
- participation in our Services and Courses is voluntary and entirely at your own risk
13.5 Information May Be Outdated
Information in our Materials and Course Materials may not always be completely accurate or up to date. Materials and Course Materials may contain errors, omissions or differences of opinion, and may be based on historical information or laws that have changed. While we exercise due care and skill in providing accurate and useful information, we cannot guarantee complete accuracy or currency of all Materials and Course Materials. We will make reasonable efforts to update Materials and Course Materials periodically, and you are encouraged to verify critical information with current authoritative sources before making significant decisions.
14. LIABILITY AND INDEMNITY
14.1 Limitation of Liability
To the maximum extent permitted by law (except to the extent such exclusion is not permitted by the ACL and other applicable laws), we are not liable for any indirect, incidental, special, consequential or punitive Loss or Damage (including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, or loss of goodwill) arising from or in connection with your use of the Website, Services, Courses or Membership, except to the extent such Loss or Damage is caused by our fraud, wilful misconduct, gross negligence, or breach of the Australian Consumer Law; if any part of this exclusion is held invalid under the ACL or any other applicable law, that part shall be severed and the remainder continues in force to the maximum extent permitted; nothing in this clause limits any rights or remedies you may have under the ACL or any law that cannot lawfully be excluded or modified; this clause operates subject to all non-excludable consumer guarantees under the ACL and any other applicable laws,
14.2 Liability Cap
To the extent we are entitled to limit our liability under the ACL, our liability is limited, at our option, to either: (a) the replacement of the Services or Courses or supply of equivalent services or courses; or (b) payment of the cost of acquiring equivalent Services or Courses. In any case, our total liability to you for any individual claim will not exceed the total amount of Membership Fees or Course Fees (as applicable) paid by you in the twelve (12) months preceding the date on which such claim arose; this limitation does not apply to liability that cannot lawfully be limited or excluded; nothing in this clause limits our liability for personal injury or death to the extent such limitation or exclusion is not permitted by law; we will maintain appropriate insurance coverage for our business operations,
14.3 Exclusion of Consequential Loss
To the maximum extent permitted by law (but subject to the Australian Consumer Law), both parties exclude liability to each other for any indirect or consequential Loss or Damage, except for liability arising from wilful misconduct or fraud.
14.4 Your Indemnity
You agree to indemnify us and keep us indemnified against all reasonable losses, damages, costs and expenses (including reasonable legal costs) arising directly from or in connection with:
- your breach of this Agreement
- your use of the Services, Courses or Materials
- provision of incorrect information by you
- your breach of our Intellectual Property Rights
- any injury, illness or damage arising from your participation in the Services or Courses to the extent caused by your negligence, wilful misconduct, or breach of this Agreement
15. TERMINATION AND CANCELLATION
15.1 Cancellation During Free Trial
You may cancel your Membership at any time during the 14-day free trial period without charge. To cancel, contact us at anna@arawomen.com.au. Cancellation will be effective immediately upon receipt of your notice.
15.2 Cancellation After Free Trial
After the free trial period, you may cancel your Membership at any time by providing written notice to us at anna@arawomen.com.au at least seven (7) days before the end of your current billing period. Cancellation will take effect at the end of your current billing period. You will not be charged for subsequent billing periods, but you will not receive a refund for the current billing period unless required by the Australian Consumer Law.
15.3 Termination by Us
We may suspend or terminate your Membership and access to the Services and/or Courses immediately upon written notice if: (provided that in cases of objectively verifiable serious breaches constituting imminent threat of substantial harm, documented by clear and convincing evidence, temporary suspension may occur with notice to follow within 24 hours and full termination only after opportunity to cure within 5 business days)
- you breach any term of this Agreement
- your payment fails or you fail to pay any amount when due
- we reasonably believe you are using the Services or Courses inappropriately or in breach of this Agreement
- you have infringed our Intellectual Property Rights and, if capable of remedy, have failed to remedy such infringement within seven (7) days
15.4 Discontinuation of Services
We may change, suspend or discontinue the Services or any part thereof at any time. We will provide at least thirty (30) days’ written notice where practicable, except in cases of emergency, security concerns, or legal requirements. If we discontinue the Services entirely, we will provide a pro rata refund for any prepaid Membership Fees for the unused portion of your Membership calculated from the date of discontinuation.
15.5 Effect of Termination
Upon termination of this Agreement:
- your right to access and use the Services and Materials immediately ceases (but your access to separately purchased Courses continues subject to clause 9 and your ongoing compliance with this Agreement)
- you must immediately cease all use of the Materials related to your Membership
- you must delete or destroy all copies of Materials in your possession or control (except Course Materials for Courses you have validly purchased)
- all amounts owed to us become immediately due and payable
15.5A Cancellation Methods
You may cancel your Membership at any time by either: (a) using the cancellation function in your account settings on our Website; or (b) sending a cancellation request by email to anna@arawomen.com.au. Cancellation will take effect at the end of your current billing period unless otherwise required by law.
15.6 Survival
Clauses 1 (Definitions), 7.2 (Payment Obligations), 9.4 to 9.10 (Course Access), 10 (Intellectual Property), 12 (Confidentiality), 16 (Australian Consumer Law), 17 (Liability and Indemnity) (excluding 17.4 which survives only for claims arising prior to termination), 18 (Force Majeure), 19 (Dispute Resolution) and 20 (General Provisions) survive termination of this Agreement, together with any other provisions that by their nature should survive termination.
16. AUSTRALIAN CONSUMER LAW
16.1 Consumer Guarantees
Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy under the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.
16.2 Your Rights Under ACL
Our Services and Courses come with guarantees that cannot be excluded under the ACL. For major failures with the Services or Courses, you are entitled to cancel this Agreement and receive a refund of the unused portion, or to compensation for reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems rectified in a reasonable time and, if this is not done, to cancel this Agreement and obtain a refund for the unused portion.
16.3 When Refunds Will Not Be Provided
Except as required by law, we do not provide refunds for:
- change of mind
failure by you to provide adequate information - circumstances where you can no longer benefit from the Services or Courses
- failure by you to comply with our instructions or this Agreement
- Course purchases (see clause 9.8)
17. FORCE MAJEURE
Where a Force Majeure Event occurs, we will not be considered in breach of this Agreement to the extent our obligations are unable to be performed due to such event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.
18. DISPUTE RESOLUTION
18.1 Good Faith Negotiation
If a dispute arises between you and us, either party may give written notice to the other party setting out details of the dispute. Within 14 days of such notice, the parties must meet and use reasonable endeavours to resolve the dispute by good faith negotiation.
18.2 Professional Arbitration
If the dispute cannot be resolved by negotiation within 30 days of the initial notice, either party may refer the dispute to arbitration in accordance with the Resolution Institute Arbitration Rules. The arbitrator shall be agreed upon by both parties, or failing agreement within 14 days, appointed by the President of the Resolution Institute. Each party agrees to pay their own costs of the arbitration, with the arbitrator’s fees to be shared equally unless the arbitrator determines otherwise.
18.3 Continued Performance
Each party must continue to perform its obligations under this Agreement pending resolution of any dispute.
19. GENERAL PROVISIONS
19.1 Governing Law
This Agreement is governed by the laws of the Australian Capital Territory, Australia. Each party submits to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and the Commonwealth of Australia.
19.2 Entire Agreement
This Agreement constitutes the entire agreement between you and us and supersedes all prior agreements, proposals and communications, whether oral or written. In the event of any inconsistency between these terms and other terms on our Website, these terms prevail.
19.3 Amendment
We may amend this Agreement from time to time by publishing the updated terms on our Website and providing you with at least thirty (30) days’ written notice via email. Material changes that adversely affect your rights will require your express consent. Continued use of the Services after the notice period constitutes acceptance of non-material amendments only.
19.4 Waiver
The failure by us to exercise any right or enforce any provision in this Agreement does not constitute a waiver of that right or provision. No waiver will be effective unless made in writing.
19.5 Assignment
Neither party may assign or transfer their rights or obligations under this Agreement without the other party’s prior written consent, such consent not to be unreasonably withheld. Either party may assign this Agreement to a related body corporate or successor in connection with a merger, acquisition or sale of all or substantially all of its assets upon written notice to the other party.
19.6 Severability
If any provision of this Agreement is held to be invalid or unenforceable, that provision will be severed to the extent of the invalidity or unenforceability. The remaining provisions will continue in full force and effect.
19.7 Notices
Any notice to be given under this Agreement must be in writing and sent to the email address provided by the relevant party. Notices are deemed received: (a) if sent by email, on the date sent (unless the sender receives a delivery failure notification); or (b) if sent by other means, when actually received by the addressee.
Our email address for notices: anna@arawomen.com.au
Your email address: the email address you provided when registering or purchasing
19.8 No Partnership
Nothing in this Agreement creates a partnership, agency, employment or joint venture relationship between you and us.
19.9 Further Assurances
Each party must do all things and execute all documents necessary to give full effect to this Agreement.
CONTACT INFORMATION
For questions about this Agreement, the Services or Courses, please contact:
Anna Mary Rutherford
Anna Rutherford Approach (Ara)
Email: anna@arawomen.com.au
Website:
ACCEPTANCE
By clicking “I accept” or by using the Services or purchasing a Course, you acknowledge that you have read, understood and agree to be bound by this Agreement.