Terms & Conditions

Last updated on 5th August 2022

The below Terms & Conditions relate to and encompass all offers, deals, and exchanges, provided, hosted, or supplied by The Calm and Happy Gut, otherwise known as Jayne Corner, t/a The Calm and Happy Gut(ABN: 58 364 883 016). This includes but is not limited to Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement.

In these Terms & Conditions, The Calm and Happy Gut is herein referred to using the terms “we”, “us”, or “our”, and the term “you” herein refers to any purchaser and/or user of any of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement.

These Terms & Conditions state how you may use or engage with our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement. Please read these Terms & Conditions carefully before purchasing, accessing, using, or engaging with any of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement. We reserve the right to change these Terms & Conditions from time to time.

By purchasing, using, or engaging with any of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement, you are agreeing to the Terms & Conditions as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement.


HYPNOSIS AUDIO SESSION DOWNLOADS

As soon as you have been given access to a hypnosis download or you have purchased a hypnosis download, you will be provided with a link to access and download the audio file. Your access to this link will expire after 7 days.

Permitted Use: You understand that by purchasing or accessing any hypnosis downloads via the Website or provided to you by your therapist that you shall be entitled to (1) download the hypnosis download as an MP3 file onto a single computer or by any other means agreed between us from time to time; (2) save a copy of the hypnosis download onto a CD, tape, mini-disc, MP3 player, cell/mobile phone or onto the hard drive of your computer; (3) use the hypnosis download by listening to it for your own personal use in accordance with any instructions given to you by us.

You agree not to use any content of the Website or hypnosis downloads for any commercial purpose.

With all hypnosis audio sessions, you must be in a place where you can safely relax and never listen to hypnosis sessions whilst driving or operating machinery. Hypnosis audio downloads are intended for relaxation purposes only. They are not a medical or therapeutic device and are not intended to diagnose, treat, cure or prevent any medical condition or disease.


FREE CONSULTATIONS

As a provider of coaching, hypnotherapy, and other psychotherapeutic services, we provide free 30-minute consultations that you can participate in via Telehealth (see TELEHEALTH). The purpose of these consultations is for you and your therapist to jointly determine your needs in therapy and determine whether or not you will be a good fit for the services that we offer.

These consultations are offered free of charge and are offered based on our availability. In these consultations you are provided with an opportunity to ask questions, voice any concerns, and determine your needs for engaging with therapy. You understand that these consultations are obligation-free, and if for any reason you decide that you would not like to go ahead with purchasing any of our Individual Therapeutic Services, Programs, Courses, Products, or Materials, you are under no obligation to do so. You also understand that you are not under any obligation to use this free 30-minute consultation; you may book your first appointment without engaging with this offer.

You understand that this free consultation is not therapy. If you choose not to have this free consultation, this time will not be added at a later date to any paid session. Free consultations are only available to clients who are new to our services, and who in good faith intend to explore their options for therapy further.


INDIVIDUAL THERAPEUTIC SERVICES

As a provider of coaching, hypnotherapy, and other psychotherapeutic services, we provide individual sessions of therapy via TELEHEALTH. All consultations include therapy/coaching – no appointments are offered which only include hypnotherapy.

With the exclusion of the initial session, which is 90 minutes in length, all subsequent sessions are 60 minutes. Please ensure you put this time aside and arrive promptly for your session. You will receive an email confirmation for each booked appointment and a reminder email 48 hours and 2 hours prior to your appointment time.

You understand that with the nature of personalised therapy and in consideration of your individual requirements or needs, that sessions may run under or over time at the discretion and availability of your therapist. You understand that if for any reason your session duration runs shorter than what has been booked, agreed upon, anticipated, and/or paid for, that we do not have an obligation to refund any or part of the session payment, or owe “extra time” in a future session. You agree that any dispute over session duration should be raised in good faith with us (see DISPUTE RESOLUTION). You understand that whilst we commit to ameliorating concerns, if you have booked in a 60- or 90-minute session, then this time has been committed to you, to the exclusion of all others, and therefore, cannot be otherwise recouped or utilised by another individual.

All appointments are made and will transpire using the Australian Eastern Time Zone (UTC +10:00). If you do not reside in this time zone, it is your responsibility to ensure you select the correct time zone in the booking tool and accurately convert the time change so as to not miss your appointment(s). http://www.timeanddate.com/ Failure to ensure an accurate time zone conversion which results in a missed appointment will incur a cancellation fee (see RESCHEDULING, CANCELLATION, AND NO-SHOW POLICY).


PROGRAMS OF INDIVIDUAL THERAPEUTIC SERVICES

When engaging with INDIVIDUAL THERAPEUTIC SERVICES, you have the option to pre-purchase or sign up to a program of Individual sessions which reduces the per session cost. We reserve the right to update and/or change these rates from time to time.

You understand that there are a number of benefits to be had when committing to a program of sessions, which may include but are not limited to: (1) an increased level of commitment to the process, signalling to yourself that this is an important issue to dedicate your time and money to, and that you are 'all-in', (2) the opportunity for your therapist to structure and plan therapy to suit your needs with prior knowledge of the minimum time you will have together, (3) email support between sessions should questions arise, (4) overall reduced cost as compared with booking and paying session by session.

Upon purchasing in full, you understand that you are committing to the program of individual sessions in its entirety, and agree to not commit to this purchase if you do not in good faith intend to commit to or use all of the sessions. You understand that refunds are not provided for prepaid sessions (see REFUND/CANCELLATION OF SERVICES OR PRODUCTS POLICY). Any exception made to grant a refund will be done so on a case-by-case basis, and only under special or extraordinary circumstances at our discretion. Please also see COMMUNICATION GUIDELINES.

Prepaid sessions must be used within 3 months of purchase, unless in the case of exceptional circumstances which will be decided upon at our discretion. You understand that it is your responsibility to ensure that you use all of your prepaid sessions. Whilst we will endeavour to contact you in the event of outstanding sessions, the responsibility to ensure that you have booked and completed the sessions that you have paid for remains with you.

When you purchase a package of sessions, it is recommended you book your pre-paid consultations ahead of time to secure the most suitable times for you as availability cannot be guaranteed. As a guide your 1st, 2nd and 3rd sessions will be weekly, with your 4th, 5th and 6th session scheduled fortnightly.

After each session your progress will be reviewed and any changes to your therapy schedule will be discussed with your therapist. For example your therapist may recommend a larger gap between sessions. Please note all sessions must be completed within 3 months from date of purchase.


DUTY OF CARE

At The Calm and Happy Gut, we take DUTY OF CARE for all of our clients, staff, contractors, and anyone purchasing or engaging with our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement very seriously.

Department of Health and Aged Care states:

“The principle of duty of care is that you have an obligation to avoid acts or omissions, which could be reasonably foreseen to injure or harm other people. This means that you must anticipate risks for your clients and take care to prevent them coming to harm. Remember that harm encompasses both physical and emotional harm”.

In keeping with the spirit of DUTY OF CARE, we commit to upholding the highest possible standards of ethical and safe practice; standards commonly outlined and observed within ethical codes of conduct in mental health professions and healthcare in Australia. This includes but is not limited to: (1) taking all reasonable steps to ensure that the client does not suffer physical, emotional or psychological harm during sessions, (2) taking all steps possible to ensure the non-exploitation of clients, including financially, sexually, emotionally, or in any other way, (3) taking all reasonable steps to safeguard client privacy and confidentiality, (4) ensuring that our staff and contractors do not mislead, misguide, or misdirect (either overtly by publication or covertly by omission) clients as to their level of competence, experience, or qualifications, (5) taking all reasonable steps to refer to other services as deemed appropriate or necessary for client wellbeing and safety, (6) ensuring that all staff or contractors continue to undertake appropriate and relevant education, professional development, and ongoing supervision in order to best serve their clients and deliver ethical and safe treatment, (7) committing to processes of continuous and frequent evaluation of clients’ progress, in order to ensure that clients’ needs are being best served, and in order to determine the ongoing efficacy of treatment, the trajectory of treatment, and/or the need for referral to other services.

Upon intake into an Individual Therapeutic Service or Program, you will be asked to fill out and submit an intake form so that we can find out important information regarding you, your needs and your health history; please see PRIVACY POLICY for more on this. This form will be sent you as a link in the Initial Consultation confirmation email, and is to be completed no later than 24 hours prior to your initial appointment. This provides critical preparation time for the practitioner and ensures your appointment time is utilised efficiently. We use this information, in part, to gauge the appropriateness of a therapeutic intervention. If hypnotherapy is not deemed safe or appropriate for an individual, for example, including but not limited to known cases of psychosis, delusions, or hallucinations, then this will be discussed and alternate forms of therapy or referral will be offered or suggested.

Should we have any concerns, it is our right to seek further clarification from you, or members of your treatment team (where applicable) in order to assess your suitability for therapy. In the event that we need to make contact with another practitioner or member of your treatment team to confirm your suitability for treatment or some other aspect of your treatment, you will be notified and asked to sign an authorisation to release form, requesting permission to discuss your treatment for the benefit of the treatment process. It is your right to decline this authorisation, however, you understand in this event that treatment may not be commenced or may need to be discontinued.


INFORMED CONSENT

The treatment relationship between you and your therapist is founded upon trust and informed mutual agreement and consent. At the outset of treatment, it is your right to be made aware of the nature of the therapeutic intervention and any possible outcomes. It is your right to ask and have answered any questions or concerns that you have regarding the treatment interventions prior to treatment and at every step along the way. We agree to make clear and transparent any details or agreements relating to scheduling, fees, and any other obligations of treatment. We agree to do this tactfully and humanely with adequate regard for the realistic and therapeutic aspects of the relationship.

One major benefit that may be gained from participating in therapy is the resolution of the concerns brought to therapy. By virtue of the nature of psychotherapy and talk-therapy, it is likely that there will be times when difficult or challenging topics or content may be brought to the forefront of your mind which may become distressing for some people. In the event of any distress, it is your right to communicate and seek to understand this with your therapist, whilst understanding that this is a natural part of the therapeutic process and oftentimes inextricable from therapeutic progress. You understand that it is your right to discontinue the process of therapy if and/or when you see fit for whatever reason. It is also your right to request a referral to other appropriate specialists. Whilst we cannot guarantee to connect you with the right specialist or service, we promise to do what is in our power to do so, or to offer alternatives when possible or deemed necessary.

Consent to use hypnosis. Proceeding with the therapy in your sessions is deemed as your consent as you could cease the session at any time. Hypnosis is a focused state of attention, and as such you are able to choose to work with your therapist and can stop the hypnosis at any point, even whilst in the hypnosis component of the treatment if you wish to do so.

Legal matters and hypnosis: By participating in the Individual Therapeutic Services you agree to the following (1) If you have matters to discuss with your therapist, that may include any pending court action, please seek legal advice regarding that matter and its discussion, prior to raising that specific issue or issues with your therapist. (2) Your therapist will treat details as confidential, but your legal counsel may instruct you to be clear about what areas you will need to exclude from Hypnotherapy in some unusual circumstances. It is your choice to discuss any specific topics with your therapist and should be aligned with your understanding that your informed consent has been given by you and is accepted. (3) It is important to also be aware that if you do have any pending action/court related issues, that you can still seek assistance from your therapist, who may instead utilise other modes of therapy for that identified aspect, including but not limited to Strategic Psychotherapy, Coaching, CBT, NLP etc, but with the clarity that for those issues identified by you, per the above, Hypnotherapy/Hypnosis is to be excluded as a component of your care by your therapist until you advise the matter is no longer related to any current or pending court matters. (In relation to the "Per se exclusion rule 'regards hypnotising a witness and their testimony'' which is in use in some courts in the USA).


PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK

You agree that you are using your own judgment when you decide to use, purchase, or engage with any of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence and you agree that you are doing so at your own risk. All of the aforementioned are intended to provide guidance, information, education, and to help you make decisions for your mental and physical health. You, however, agree and understand that you assume all risks and no results are guaranteed in any way (see GUARANTEES AND WARRANTIES). We agree to the principles and content outlined in DUTY OF CARE and INFORMED CONSENT, and you understand and agree that in choosing to engage with any of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence that you are solely responsible for your actions, decisions and results based on their use, misuse or non-use.

We take every precaution to protect your confidential Information (see PRIVACY POLICY & CONFIDENTIALITY) as well as the content and integrity of our online Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence and/or engagement. However, due to the nature of the Internet, we cannot completely ensure the security of your Confidential Information or the content or integrity of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence and/or engagement hosted by us, or transmitted to us on or through our website, email, or social media (see SOCIAL MEDIA AND INTERNET), and thus do not take responsibility for any outcomes or consequences that arise from the use, misuse, or engagement from you, or from other third parties, with our online Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence and/or engagement. You understand that submitting contributions or information through our online Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence is done entirely at your own risk. Although we will take every step that we can to protect the content and integrity of the above, we make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our online Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence and you agree that you are assuming such risks.


MANAGING EXPECTATIONS

Throughout the duration of your commitment to any of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence or engagement, we commit to assessing your individual circumstances where relevant, and providing appropriate therapy or direction for your needs. We commit to doing what is in our capacity to assess progress and provide referral to other sources if and when deemed necessary. One major benefit that may be gained from participating in Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or our Social-Media Presence is the resolution of the concerns brought to therapy. Other possible benefits may be a better ability to cope with marital, family and other interpersonal relationships, and /or a greater understanding of personal goals and values. You accept that a large part of the gains of any type of therapy is in the commitment to the process. It is understood that if products or services are misused, treatment is cut short, or sessions are frequently rescheduled resulting in an interrupted stop-start therapy process; this may negatively impact expected outcomes. Psychotherapy is a collaborative process and the progress you make will depend in large measure upon your investment in the process.


TELEHEALTH

Telehealth is form of healthcare delivery that uses any form of technology as an alternative to face-to-face consultations. It includes, but is not limited to, videoconferencing, internet, and telephone. Since the beginning of the Covid-19 pandemic, therapy delivered via Telehealth has become a much more common and widely accepted way for therapy to be delivered. At The Calm and Happy Gut, we consider the adoption and acceptance of Telehealth to a be a positive thing, bringing with it several advantages including but not limited to; reduced or eliminated risk associated with the spread of Covid-19 (and other infectious disease), reduced or eliminated travel time for clients, more flexibility in the hours and places that a practitioner can be available, and increased access for those who live in regional or remote areas or who otherwise may not be geographically close. With all of these advantages, however, the online environment also brings with it extra considerations which we will do our best to outline below.


TELEHEALTH – OUR RESPONSIBILITIES

All of the same principles required to deliver safe and effective therapy apply to therapy via Telehealth. This includes but is not limited to protecting your confidential information (see PRIVACY POLICY & CONFIDENTIALITY) as well as observing our responsibilities in respect to DUTY OF CARE and INFORMED CONSENT.

In addition, we agree that it is our responsibility to facilitate the Telehealth session in a way that is efficacious and does not detract from the experience of and possible benefits of therapy, as compared with face-to-face consultations. This includes but is not limited to ensuring that our clinicians are sufficiently prepared for your session by having access to adequate technology and Internet in a quiet and private environment that is conducive to safe and effective therapy.

We agree that in the uncommon, but occasionally unavoidable event of technology or Internet disruptions, we will use everything within our means to rectify the issue, or offer alternate solutions. This may include but not be limited to restarting video-calls as needed, or switching from video-conferencing to phone if this is agreed upon by both clinician and client as an appropriate alternative.

In the event that issues with technology or the Internet from our end result in any significant disruption to your session, we agree to work with and negotiate with you, to come to an alternate arrangement. This may include but not be limited to rescheduling your session, adding extra time onto the session if both parties are available, offering a discount negotiated at the therapist’s discretion, or adding extra time onto a future session if agreed upon. We expect that any difficulties encountered, and any subsequent arrangements made, will be approached by both parties with a spirit of patience, generosity, and willingness to come to satisfactory arrangements that suit both the therapist and the client. Please see DISPUTE RESOLUTION, for more information.


TELEHEALTH – YOUR RESPONSIBILITIES

All of the same responsibilities that you assume when agreeing to purchase or engage with any Individual Therapeutic Services, Programs, Courses, or Products which apply to face-to-face consultations, also apply to Telehealth (see PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK).

In addition, when opting for Telehealth, you agree that it is your responsibility to ensure that you are sufficiently prepared for your session by having access to adequate technology and Internet in a quiet and private environment conducive to safe and effective therapy. You agree that although you may be in a home environment, or otherwise, that all of the usual expectations of therapy still apply. This includes but is not limited to ensuring that you are dressed in appropriate attire, that you are not under the influence of alcohol or other illicit substances, and that you will not consume alcohol or other illicit substances during the session.
You agree that in the uncommon, but occasionally unavoidable event of technology or Internet disruptions, you will use everything within your means to rectify the issue, or offer alternate solutions. This may include but not be limited to restarting video-calls as needed, or switching from video-conferencing to phone.

In the event that issues with technology or the Internet from your end result in any significant disruption to your session, you agree that any negotiations with your therapist will happen at their discretion. Whilst we will do our best to accommodate, you agree that any decisions to do this are ultimately at the discretion of your therapist and any decision that they make is final. We expect that any difficulties encountered, and any subsequent arrangements made, will be approached by both parties with a spirit of patience, generosity, and a willingness to come to satisfactory arrangements that suit both the clinician and the client. Please see DISPUTE RESOLUTION, for more information.


GUARANTEES AND WARRANTIES

Whilst the outcomes of therapy cannot be guaranteed, what we do guarantee is to commit to your treatment to the best of our ability, work with you with the best possible tools and resources available at our disposal, and work within an ethical and humane framework, including in regards to DUTY OF CARE, CONFIDENTIALITY, and referring to other health specialists when appropriate.

You understand that when you choose to work with us, you are committing to a process of self-exploration and self-healing. You agree that you are making a commitment to yourself. In working with us, you agree that you are ready for and willing to engage in treatment. You understand that it is your right and responsibility to communicate with us should you have any questions or concerns about the therapeutic process, and it is your right and responsibility to communicate with us and/or discontinue your treatment, package, or program, should you find that the work is no longer the right fit for you. You understand and agree that when you decide to engage with any of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence, that you are doing so because you have been given the opportunity to determine the suitability of our products and services to your needs, and you have decided that working with us is the right step for you. You understand that given the nature of therapy, we do not provide any guarantee or warranty for the outcomes of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence or engagement, nor for the duration of their effectiveness or expected outcomes.


RESCHEDULING, CANCELLATION, AND NO-SHOW POLICY

We understand that sometimes in life there are unforeseen circumstances. Nonetheless, when you make an appointment for any of our Individual Therapeutic Services, we ask that you agree to do so in good faith that you will honour this appointment time, and that you agree to give as much notice as possible if you need to cancel or re-schedule your appointment.

You understand that if you cancel or reschedule your appointment with less than 24 hours’ notice, that you will be billed for the full appointment fee/lose that prepaid session. You understand that if you fail to attend your appointment without notice, you will be billed for the full appointment fee/lose that prepaid session. You understand that your therapists’ discretion on these matters is final.

You understand and agree that a missed or last-minute rescheduled/cancelled appointment is a loss to three people; the client who missed the valuable time, another client who could have used the valuable time and the therapist who was prepared for the treatment.

In the event that either of us cancel a session, we will re-schedule the session at the earliest mutually convenient time. If for any reason we are unable to provide the Services at the agreed time, we will provide you with as much notice as possible and we shall reschedule the session for a time mutually agreed. Living in a rural location means that there are circumstances beyond our control, and storms and power outages can affect your appointment booking. We also reserve the right to reschedule your appointment within 24 hours if the day of your appointment is forecast to be a high or above fire risk day as deemed by the Country Fire Authority in Australia.


TERMINATION OF THERAPY


When you engage with our Individual Therapeutic Services, there will inevitably come a time when your treatment comes to a close, or an extended pause until it is needed again. You understand that you have the right to terminate your participation in any of our Individual Therapeutic Services, Programs, Courses, Products, or Materials at any time by verbal discussion with us, or by e-mail.

You understand and agree that in the instance that you violate any of the terms set out here within our Terms & Conditions, including proving a risk to yourself, others, our therapists, or us as a business, that at our discretion we reserve the right to refuse or terminate your access to our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence, in full or in part, at any time, without notice, verbally or by sending you an e-mail to the e-mail address you provided upon purchase of the Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence.


PAYMENT TERMS

When signing up, you agree that you are financially willing and able to invest in this Program, Product or Service by choice, and that by so doing, you are not incurring any economic hardship in any way.

All information obtained during your purchase or transaction for our Individual Therapeutic Services, Programs, Courses, or Products, and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. Per our Privacy Policy, please make sure that you review the privacy policy of our payment processor(s).

You agree to only purchase Individual Therapeutic Services, Programs, Courses, or Products for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Individual Therapeutic Services, Programs, Courses, or Products for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes. Since we have a clear and explicit refund policy in these Terms & Conditions that you have agreed to prior to completing the purchase of any of our Individual Therapeutic Services, Programs, Courses, or Products, we do not tolerate or accept any type of payment dispute threat or actual payment dispute from your credit card company.

We reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collection’s agency, and we may exercise our right to report your delinquent payment to credit reporting agencies, either directly or through the help of a collection’s agency.

If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Individual Therapeutic Services, Programs, Courses, or Products, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Programs, Products or Services, you may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.


DISCOUNTS AND SLIDING SCALE FEES

From time to time, we may offer discounts or sliding scale fees on our Individual Therapeutic Services, Programs, Courses, or Products for those who produce evidence of financial hardship or difficulty in otherwise accessing our products or services. Any discount or sliding scale fee that is offered is strictly done so at our discretion, and should not be expected by you or by anyone engaging with our Individual Therapeutic Services, Programs, Courses, or Products. You understand that any discount or sliding scale fee offered or honoured in one payment transaction does not necessarily or automatically apply to future payments or transactions and that at any time, we may choose to revert to full-fee payments should your financial circumstances change, or we otherwise see fit at our discretion to do so. It is your right to be informed of the payments that you are expected to make in the event of any such changes, and we agree to communicate this to you either verbally, via email, or both. It is your right to terminate your engagement with any of our Individual Therapeutic Services, Programs, Courses, or Products should you disagree with these payment terms, please see TERMINATION OF THERAPY.


REFUND/CANCELLATION OF SERVICES OR PRODUCTS POLICY

Your satisfaction with our services, including but not limited to Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement is important to us. When you choose to purchase, access, use, or engage with any of our services or products, you do so with the understanding that extensive time, effort, preparation, knowledge, and care goes into creating and/or providing our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence. You understand on this basis that when you make a purchase, use, or engage with any of our services or products, that we do not offer refunds except in the case of exceptional circumstances which may be determined at our discretion on a case-by-case basis.

In respect to Individual Therapeutic Services, prepaid or on a payment plan, you understand that sessions may run under or over the anticipated or agreed upon time at the discretion and availability of your therapist and/or group. You understand that our No Refunds policy extends to this and any other circumstance in which for any reason your session duration runs shorter than what has been booked, agreed upon, anticipated, and/or paid for, and that we do not have an obligation to refund any or part of the session payment, or owe “extra time” in a future session. You agree that any dispute over session duration should be raised in good faith with us. You understand that whilst we commit to ameliorating concerns, that this time has been committed to you, to the exclusion of all other Individuals, and therefore, cannot be otherwise recouped or utilised by another Individual.

In respect to Individual Therapeutic Services which are paid in full in advance, you understand that you are entering into this commitment to your program of sessions on a voluntary basis, that you are committing to this program of sessions in its entirety, and you agree to not commit to this purchase if you do not in good faith intend to commit to or use all of the sessions. You understand that refunds are not provided for prepaid sessions. Any exception made to grant a refund will be done so on a case-by-case basis, and only under special or extraordinary circumstances at our discretion. Please also see COMMUNICATION GUIDELINES.

Prepaid sessions must be used within 3 months of purchase, unless in the case of exceptional circumstances which will be decided upon at our discretion. You understand that it is your responsibility to ensure that you use all of your prepaid sessions. Whilst we will endeavour to contact you in the event of outstanding sessions, the responsibility to ensure that you have booked and completed the sessions that you have paid for remains with you.

Should you wish to be considered for a full or partial refund for any services or products provided, you may email us outlining the reason for requesting a refund. You understand that your request will be taken into our consideration, and that whatever decision we make is final.

One exception to the No Refunds policy is in the event that we, including but not limited to our therapists, providers, or affiliates associated with or for us, are unable to fulfill our obligations to your treatment for whatever reason, then you are entitled to a full refund of ONLY the unused services. For example, if a 6-session treatment program was purchased and after three used sessions, your therapist, for whatever reason is unable to continue your treatment, then you would be entitled to a refund of the remaining three sessions.

By using and/or purchasing any of our Individual Therapeutic Services, Programs, Courses, Products, and other Materials, you understand and agree that all sales are final and no refunds will be provided except as outlined in this policy.

Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence, including but not limited to our Website, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence at any time without notice and in our sole discretion.

These Terms & Conditions will still apply now and in the future, even after termination by you or us, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our REFUND/CANCELLATION OF SERVICES OR PRODUCTS POLICY.


DIGITAL PRODUCT CANCELLATION / REFUND POLICIES

Digital Products: Due to the nature of the digital products provided, refunds will not be given.


INTELLECTUAL PROPERTY RIGHTS

All content provided within our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and Social-Media Presence are our intellectual property, and are protected by copyright, trademark, and common copyright and intellectual property laws. The content in the aforementioned is solely owned by or licensed to us, unless otherwise indicated or referenced. This content includes, but is not limited to, the copy, the ideas, the design, layout, look, appearance, graphics of our Program Materials or any other material or aspects of materials provided by us to you.

Upon purchasing, accessing, or engaging with any Materials through our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and Social-Media Presence, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and Social-Media Presence in a manner that constitutes an infringement of our rights or in a manner that has not been authorised by us.

When making a purchase with us or engaging with our Intellectual property in any way, you are being granted a limited license to use our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and Social-Media Presence with permissions and restrictions. This means that when you purchase Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence or Engagement from our website or otherwise, you are purchasing the limited right to use this Intellectual Property in the form that is provided by us to you with certain conditions as specified in these Terms & Conditions.

As a Licensee, you understand and acknowledge that our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence or Engagement have been designed, developed, or obtained through the investment of significant time, effort, and expense, and thus in good faith, you agree to the proper use of all the aforementioned outlined in these Terms & Conditions.


YOU MAY USE OUR INTELLECTUAL PROPERTY AS FOLLOWS:

You MAY download and/or print Materials exclusively for your own personal use.

Unless given explicit permission, you are NOT permitted to share, sell, reprint, or republish any of our Materials, including handouts or recordings, whether for resale, mass reproduction for your own business, or use amongst friends, family, colleagues, etc. Individuals desiring access to Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence must engage with us separately, and/or purchase their own license separately. The exception to this is sharing of publicly available information disseminated by us on social media; please see SOCIAL MEDIA for more about this, and understand that the SOCIAL MEDIA Terms & Conditions apply to all aspects of our INTELLECTUAL PROPERTY Terms & Conditions statement.

When you enrol in, purchase, or engage with any of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence, you agree that you are clearly and expressly prohibited from copying, sharing, stealing, or passing-off as your own work any and all parts of the Materials or ideas. You will not use, copy, or adapt any of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and Social-Media Presence or Engagement in any way as if they are yours or created by you. You will not engage in improper and/or unauthorised use of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence or Engagement. Improper and unauthorised use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium.

You will not duplicate, share, trade, sell, or distribute our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence or Engagement to any other person, for their personal use, business/commercial use or in any way that earns them money or reputation, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. You cannot share or sell any part of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, or Social-Media Presence or Engagement to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money or reputation. You are the only one granted a limited license to use our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content.

You will not violate our intellectual property rights, including copyright or trademark rights as understood as part of common law. Any trademarks, taglines, and logos displayed on Materials are trademarks belonging to us. Any trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use is strictly prohibited without our express written consent, or permission granted herein.

For trademarks, taglines, and logos for which you are granted permission to use, the trademark must be included at all times. You understand and agree that engaging in the prohibited use or the improper and/or unauthorised use of our Individual Therapeutic Services, Programs, Courses, Products, Materials, and Information as set forth in these Terms & conditions is considered theft, and we retain the right to prosecute theft to the full extent of the law. You agree and understand that prohibited use, improper and/or unauthorised use may give rise to a civil claim for damages and/or be a criminal offense. All rights not expressly granted in these terms or any express written license, are reserved by us.


REQUEST FOR PERMISSION TO USE CONTENT

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to jayne@thecalmandhappygut.com

We very clearly state that you may not use any Content in any way that is contrary to these T&C unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.


SOCIAL MEDIA AND THE INTERNET

When you voluntarily submit, or post to or for us any comment, testimonial, photo, image, video, or other submission via a public forum of social media or the Internet (including but not limited to Facebook, Instagram, Twitter, LinkedIn, and Google), you do so with the understanding of the public nature of social media and the Internet and the limitations around privacy and confidentiality; specifically, the limitations of our responsibility, please also see PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK. You understand that when engaging with us via social media and the Internet in any of the aforementioned ways, that you take full responsibility and cannot hold us liable for any outcomes or consequences as a result of this: positive or negative, intended or unintended.

When you voluntarily submit, or post to or for us any comment, testimonial, photo, image, video, or any other submission via a public forum of social media or the Internet, you understand and agree that you grant us consent to make it part of our current or future Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You understand and agree, however, that you may at any time and for any reason ask us to delete or retract this information. Upon receiving such a request, we agree to take action within 72 hours of communication, and to keep you informed should there be any difficulty or delay in doing so.

Regarding the voluntary submission of any post, comment, testimonial, photo, image, video or any other submission, the only exception that we make to the above is in any private Facebook Group that we host or moderate, where all reasonable effort will be made by us, and any administrative assistant directed by us, to keep posts, comments, photos, and other content within the group as private as reasonably considered possible, given the nature of social media and the Internet. This means that we commit to never sharing group members posts, comments, photos, and any other content offered, and that we expressly ask that other group members adhere to this expectation also. Whist in the group we promote and enforce an ethos of respect for privacy and anonymity, we do not take any responsibility for content that is shared by a third party or other group member without consent. We do, however, commit to taking action in any such instance and against any such individual, by removing them from the group. You agree and understand that this is the limitation of our responsibility.

You understand and agree that your membership, participation, or engagement within or part of any Facebook group that we host or moderate is voluntary. You understand and agree that you are responsible for your conduct, as well as any outcomes or consequences as a result of your membership, participation, or engagement: positive or negative, intended or unintended. You understand that whilst we commit to doing our best to moderate any Facebook group that is created or moderated by us, including but not limited to promoting an ethos of privacy, anonymity, and respect, and removing group members who violate these standards, that Facebook is a public platform. You understand and agree that we cannot guarantee your privacy or safety in these public forums. It is your responsibility and right to inform us of any conduct or content that you witness or experience which you deem problematic, inappropriate, or offensive. You understand that whilst we will do our best to ameliorate and act upon any concerns regarding specific content or individual behaviour, that we do not accept responsibility or liability for any content or behaviour which has or could cause harm or offence. You also understand that the context of the written expression on social media forums often provides breeding ground for misunderstanding and miscommunication, and you agree to approach any such instances with openness, open-mindedness, kindness, and generosity. Should any conflict or concern arising from your membership, engagement, or participation within one of our Facebook groups not be resolved to your satisfaction after speaking with us, you agree and understand that membership, engagement, or participation in Facebook groups is voluntary and that you are welcome to leave the group or disengage as you need.

Specific to the INTELLECTUAL PROPERTY that we publicly share on social media platforms including but not limited to Facebook, Instagram, Twitter, LinkedIn, and Google, you understand and agree that you are permitted to publicly or privately share or disseminate any of our posts, content, promotions, ideas, or information regarding programs or products in the spirit of positively engaging with this content. You may not share or disseminate any of our posts, content, promotions, ideas, or information regarding programs or products in any way that claims them as your own work, or that in any way benefits you financially, unless in the case of an explicit affiliate relationship with us. Upon any instances of sharing or disseminating any of our posts, content, promotions, ideas, or information regarding programs or products, it is expected that you acknowledge us as the owners of this intellectual property, and do not in any way attempt to obscure the rightful ownership or pass the work off as your own.


PRIVACY POLICY

When you apply for, enrol in, purchase, engage with, or use any of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence we may seek and collect personal data and information including but not limited to name, birthdate, address, email address, phone number, billing information, credit card/payment information, demographic information, medical history, next of kind details, preferences, interests, or other personal identifying information: herein referred to as “Confidential Information”.

Confidential Information will be obtained for the purposes of communication, understanding your needs, providing you with better services, providing you with effective and comprehensive care, and adhering to duty of care. More information can be found in DUTY OF CARE.

In addition, we may use data and Confidential Information for the following reasons: (1) internal record keeping, (2) to improve our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement, (3) to send occasional promotions about special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable research purposes, (5) to customise the Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement you purchase or use according to your interests and/or (6) for support or communication related to your Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement.

By providing Confidential Information to us, you grant us permission to use and store Confidential Information in accordance with our Privacy Policy. We, in turn, will use our best efforts to keep your Confidential Information safe, secure, and confidential. When you submit Confidential Information, we take measures to protect the security of your Confidential Information both online and offline.

All data and Confidential Information are stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver email or otherwise contact those who would like to receive our correspondence.

Confidential Information for the purposes of Individual Therapy will be stored on a private computer, private email, and/or locked filing cabinets, of which only our staff have access to. You agree and acknowledge that we and those who manage the data management system may have access to your Confidential Information.
Due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us. Therefore, in submitting Confidential Information or data, you understand that you do so at your own risk, please see PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK. We have reasonable security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, however, we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Confidential Information found to be incorrect.


CONFIDENTIALITY

Therapeutic Confidentiality means that your therapist has a responsibility to safeguard information obtained during therapy. All identifying information about your assessment and treatment is kept confidential, except as mandated by law. In certain situations, mental health professionals are required by law to reveal information obtained during therapy to other persons or agencies.

Please note confidentiality does not apply to: (1) cases of suspected abuse/neglect of children or the elderly, (2) cases deemed an imminent potential harm to self or others, (3) cases involving criminal proceedings, (4) cases involving legal proceedings affecting the parent-child relationship, and/or (5) cases involving a minor child. In such cases, the mental health professional may advise a parent, managing conservator or guardian of a minor, with or without minor’s consent, of the treatment needed by or given to the minor.


THIRD PARTIES

In providing Confidential Information, you understand and agree that certain circumstances may require disclosure of Confidential Information to a third party, including but not limited to: (1) if we are required to do so by law, (2) in the good-faith belief that such action is necessary to conform to the law, (3) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (4) to protect and defend our rights or property or those of our users or purchasers, and/or (5) to act as immediately necessary in order to protect the personal safety of you, our users, purchasers, or the public.

In any of the above instances, we agree to inform you prior to the release of Confidential Information, and mediate or negotiate with you to the extent that we are reasonably able, to protect your privacy, anonymity, and dignity. We will not sell, distribute or lease your Confidential Information to third parties unless, but not exclusive to, all of the aforementioned circumstances.

You understand and agree that whenever you make your Confidential Information or Other Information available for viewing by others through our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement, the Confidential Information or Other Information that you share also can be seen, heard, collected and used by others, and therefore, we cannot be responsible for any unauthorised use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.


WAIVERS

You agree that you have received a medical diagnosis of Irritable Bowel Syndrome by a qualified health care provider. The Calm and Happy Gut does not diagnose or prescribe for any condition, and counselling, psychotherapy and clinical hypnotherapy are not a replacement for medical treatment, psychiatric or emergency services. Results vary and guarantees on results cannot be made.

If you have any concerns or questions about your health, you should always consult with a GP, physician or registered health care professional. You should not discontinue any prescription medications without first consulting with your doctor.


DISCLAIMER

Our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement , including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you.

Medical Disclaimer. Our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Website or Content is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counsellor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, its Content, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

While hypnosis has many beneficial effects, hypnosis is not a substitute for appropriate medical attention. Hypnosis recordings are not recommended for people suffering from mental disorders or illness. When listening to hypnosis recordings, choose an environment that is quiet and safe. Never listen to hypnosis recordings while driving a car or operating machinery. Use this material at your own risk. HYPNOSIS RESULTS MAY VARY AND ARE NOT GUARANTEED.

Legal and Financial Disclaimer. Our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Website and its Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website or its Content. You are solely responsible for your results.

Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement . We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Website or its Content and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the use of our Website or its Content. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

Technology Disclaimer: We try to ensure that the availability and delivery of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement is uninterrupted and error-free, including our content and communications through methods like our Website, Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, eBooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement become unavailable or access to them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement inaccessible.

Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Links to Other Websites. Via our website, social media, or emails we may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its Content. These links are provided for your convenience and the inclusion of any link in our Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

Limitations on Linking and Framing. You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.


INDEMNIFICATION, LIMITATION OF LIABILITY AND RELEASE OF CLAIMS

Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, its Content or your breach of any obligation, warranty, representation or covenant set forth in these T&C or in any other agreement with us.

Limitation of Liability. In engaging with, purchasing, or using any of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement, you understand that we do not offer any warranties or guarantees, please see GUARANTEES AND WARRANTIES. When you choose to use, purchase, or engage with any of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement, you do so with the understanding that you make this choice on a voluntary basis, and that should you not be satisfied with any of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement, you have no obligation to continue to purchase, use, or engage, and you have every right to seek healthcare services elsewhere or seek second opinions.

You understand that we do not assume any medical, financial, economic, social, or other kind of liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition, issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise, affiliated with us.

Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise.


YOUR CONDUCT

You are agreeing that you will not use our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement in any way that causes or is likely to cause the Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.

You must use the Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement for lawful purposes only. You agree that you will not use our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement in any of the following ways:

* For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
* To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
* To send, negatively impact, or infect our Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
* To cause annoyance, inconvenience or needless anxiety
* To impersonate any third party or otherwise mislead as to the origin of your contributions
* To reproduce, duplicate, copy or resell any part of our Website or its Content in a way that is not in compliance with these T&C or any other agreement with us.


COMMUNICATION GUIDELINES

If you have a question or concern about our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement, you may send an e-mail to jayne@thecalmandhappygut.com and we will do our best to reply to your question or concern promptly.


DISPUTE RESOLUTION

These Terms & Conditions explicitly outline the responsibility to you, the user, to communicate with a reasonable use of arbitration on an individual basis to resolve disputes, rather than the use of formal arbitration, mediation, or jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, engaging with, purchasing and/or using any of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement that you are voluntarily agreeing to do so.

It is hoped that should we ever have any differences, we could be able to work them out amicably through verbal or e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator. Prior to seeking arbitration, you must send an e-mail to jayne@thecalmandhappygut.com and include all of your reasons for dissatisfaction. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your Payment for an Individual Therapeutic Service, Program, Course, Product, or Material made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.

By purchasing our Individual Therapeutic Services, Programs, Courses, Products, or Materials, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.

In the event of a dispute between us, you agree to not engage in any conduct or communications, including on social media, designed to disparage us, our Company, or any of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process. If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.


HOW WE USE COOKIES

We may use the standard "cookies" feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Individual Therapeutic Services, Programs, Courses, Products, Materials, Website, other Internet Content, and/or Social-Media Presence or Engagement.


GOVERNING LAW AND JURISDICTION


These Terms will be governed by and interpreted in accordance with the laws of the State of VIC, and you submit to the non-exclusive jurisdiction of the state and federal courts located in VIC for the resolution of any disputes.

If you have any questions about these T&C, please contact us at jayne@thecalmandhappygut.com