Thank you for choosing Dr Efi’s Revitalised Mum program!

 

Dr Efi wants you to be satisfied with your decision to purchase this program, so please read these Terms of Use carefully.

 

You have agreed to purchase an online course, offered by Dr Efi (ABN: 566 173 854 73)

These Terms and Conditions (Terms) Govern your purchase.
 By clicking “accept” you agree to these Terms of Use.
 
RECITALS
A. Dr Efi offers a unique program, titled the Revitalised Mum program, where participants who are single mums learn how to manage stress, learn strategies to handle difficult thoughts and feelings, learn how to live by their values and rediscover their true selves. The duration of the Revitalised Mum program is 8 weeks (‘Services’).


 B. Dr Efi has agreed to provide You with the Services by welcoming You into the Revitalised Mum program. 

 

C. This Agreement governs Your relationship with Dr Efi. By signing this Agreement, You agree to be bound by the terms set out in this Agreement.
 
THE PARTIES AGREE AND DECLARE AS FOLLOWS


1. Definitions


 In this Agreement unless the context otherwise requires:
Agreement means this Business Services Agreement.
Confidential Information means the information provided by a Party or other participant of the course under this Agreement, that is not generally available to the public.
Commencement Date means the date the Services will commence as outlined in the Schedule.
Fees mean the fees set out in the Proposal.
Intellectual Property means the business names, copyrights, patents, trademarks, service marks, trade names, designs, materials, and similar industrial, commercial, and intellectual property (whether registered or not) including any processes, methodologies, course materials, information, documentation and creative works of Revitalised Mum program.
Loss and Claim means, in relation to any person;
 a. damage, loss, cost, expense, or liability incurred by the person; or
 b. a claim, action, proceeding or demand made against the person, however arising and whether present or future, fixed or ascertained, actual or contingent.
Parties mean the Parties to this Agreement.
Services mean the services set out in the Schedule.
Tax means any tax, levy, impost, deduction, charge or duty of any kind and whether direct or indirect, (and any related interest, penalty, fine or costs in connection with any of them) levied or imposed by any Government Agency..
 


2. The Engagement


 (a) Dr Efi agrees to provide the Services for You, for the Fees, for the Term as set out in the Schedule.


 (b) Dr Efi agrees to commence the Services on the date of purchase, upon acceptance of the terms and conditions set out in this Agreement, and conditional upon payment of the required Fees by You.


 (c) The Services will be provided online.

 

(d) The Program is developed and targeted specifically to single mums. You agree that you are a single mum.
 


3. Payment for the Services


3.1. Fees


 (a) You agree to pay Dr Efi the Fees as outlined in the Enrolment page. 


 (b) You agree to make payment of the Fees by the method prescribed in the Schedule.


 (c) You acknowledge and agree that Dr Efi is not responsible for any third-party payment processing fees, bank fees, transaction fees, currency conversion fees and/or adverse currency fluctuations.
 

 

3.2. Goods and Services Tax


 Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable.
 


4. Termination and Refunds


 All Services are non-refundable. 

 

 

5. Delivery of Program and Licence Information

 

(a) When You purchase the Program through the Website, Dr Efi grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Program and any related software, content, equipment or other materials for your specific, non-commercial use only (the Licence).

4.3. The Licence is valid for 12 months (Licence Term). This means the Program will be viewable for 12 months. After this time the Program will expire and you will no longer be able to access the Program.

4.4. The Program is intended for use by a single person only within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental program materials, booklets, and access to any other aspect of the Program.

 


6. Copyright and Intellectual Property Rights


 (a) You agree that any Intellectual Property of whatever nature produced or developed by Dr Efi or under Dr Efi’s direction under or in the course of providing the Services will remain the sole and complete property of Dr Efi.


 (b) If You have fully complied with this Agreement and if the Intellectual Property including processes, methodologies, course materials, information, documentation, and creative works referred to in clause 5.


 (c) The Services are intended for use by You only. Sharing of the Licence is not permitted. This includes the sharing of course materials, lessons, worksheets or audio tracks.

 

(d) There is no assignment of Intellectual Property rights by Dr Efi to You under this Agreement.


 (e) Nothing in this Agreement affects the moral rights in any works, items, materials or information supplied under this Agreement.


 (g) You retain ownership of Your own data. You hereby grant Dr Efi a licence to use, copy, transmit, store and backup a copy of Your data for the purposes of providing the Services.


 
7. Indemnification


 You hereby indemnify and agree to keep indemnified Dr Efi against all liability, losses or expenses You incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.


 
8. Warranty


 Dr Efi makes no warranty that the services will meet Your requirements or that all participants will achieve the same results.   Individual results cannot be guaranteed. Overall, the skills taught in this course are known to be highly beneficial for tackling a range of general mental health issues (whether you have a mental health condition or not). However, the best person to seek personalised advice about your particular condition, situation, or circumstances is your GP or primary healthcare provider, who can do a thorough assessment and make individual recommendations. 

 

 

9. Disclaimer


 (a) You are solely responsible for Your own mental and emotional well-being, Your decisions, choices, actions and results arising out of or resulting from the Services. You agree that Dr Efi is not and will not be liable or responsible for any actions or inaction, including effects on your personal life, or for any direct or indirect result of any Services provided by Dr Efi.

 

(b) You understand that this course is not therapy. The skills and strategies taught in this course are for educational purposes only. This course is not intended to be a substitute for professional advice. The diagnosis and treatment of a clinical condition can only be undertaken by a qualified healthcare professional in person. You should always seek the advice of a qualified healthcare professional with any questions you have regarding your health or a medical condition. In particular, please seek medical advice and support prior to enrolling in this course if:

  1. you are experiencing ongoing symptoms of anxiety, depression, or disordered eating
  2. you are dependant on drugs or alcohol
  3. you take sedative medication (e.g., Valium, Lorazepam) daily
  4. you are thinking about suicide
  5. you have a pre-existing injury

Should any of the above arise while participating in the course, please seek medical advice.

 

(c) If you currently have a mental health condition and are currently undergoing treatment (whether it is medication or therapy), you will need to continue doing so. This course can provide an adjunct or complementary support if you are struggling with your mental health, but DOES NOT replace seeking treatment from a mental health professional.

 

(d) Never disregard any advice from a healthcare professional because of something that you have learnt or read in this course.

 

(e) If you are experiencing a mental health crisis or are having thoughts of death, self-harm or suicide, please contact one of the following services:

  1. Lifeline: 
    • Lifeline is staffed by volunteer telephone crisis supporters who are ready to take calls 24/7
    • Call 13 11 14
  2. Suicide Callback Service
    • Free, professional 24/7 telephone and online counselling to people who are affected by suicide.
    • Call 1300 659 467
  3. Beyond Blue
    • Telephone and online support for those experiencing depression or anxiety.
    • Call 1300 22 4636
  4. Butterfly Foundation
    • Information, counselling and treatment referral for people with eating disorders.
    • Call 1800 33 4673
  5. 1800 RESPECT
    • Counselling and support service for people impacted by sexual assault, domestic or family violence and abuse.
    • Call 1800 737 732.

 

 

(f) Dr Efi will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You.


 (g) You understand that to enhance Your experience in the Revitalised Mum program, You are required to, and You agree to, create the time and energy to implement the strategies learnt and the action steps provided.
 


10. Privacy

 

(a) Dr Efi takes your privacy seriously and any information provided through your use of the course website is subject to the course’s Privacy Policy. Dr Efi is committed to keeping your personal information secure and takes all reasonable steps to protect your information from misuse, interference, loss, and unauthorised access, modification or disclosure. However, you use the website at your own risk and we accept no responsibility, whether we are deemed to have been negligent or not, in the event of a security that affects your privacy.

 

(b) Note that no information transmitted over the Internet can be guaranteed to be completely secure. However, we will endeavour to protect your personal information as best as possible but we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.


 (c) All forms and questionnaires completed are encrypted and accessible by Dr Efi only. You agree that Dr Efi may use responses from the Course Completion Reflection form without the participant’s name,  for Dr Efi’s own purposes, including marketing, social media use, and use on Dr Efi’s website. You agree to notify Dr Efi in writing should You wish to remove consent for this. Results from the questionnaires completed will be used for data analysis to measure the effectiveness of the program.

 

 

11.  Disclosure and Use of Confidential Information


 (a) All obligations of confidentiality set out in this Agreement continue in full force and effect after the Services have been provided.

(b) Dr Efi must not disclose any Confidential Information to any third party without your prior consent.
 


12. Governing Law & Jurisdiction


 (a) This Agreement is governed by the laws of Victoria, Australia.


 (b) In the event of any dispute arising out of or in relation to the Services, the parties agree that Victoria, will be the venue for resolving any disputes.


 
13. Dispute Resolution


 Dr Efi hopes that a dispute under this Agreement does not arise, however in the unlikely event that it does, the following clause will apply.


 (a) If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings concerning the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).


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


 (c) On receipt of the Notice by the other party, the parties must within 7 days from the date the Notice was served, attempt in good faith to resolve the Dispute as expeditiously as possible, including by negotiation or such other means upon which they may mutually agree.


 (d) If for any reason whatsoever, 21 days after the date the Notice was served, the Dispute has not been resolved the parties must either agree upon the selection of a mediator or request that an appropriate mediator is appointed by the President of the Law Society of Victoria.


 (e) It is agreed that mediation will be held in Victoria, with the venue to be agreed.


 (f) The parties agree to be equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The parties must each pay their own costs associated with the mediation.


 (g) All communications concerning negotiations made by the parties arising out of and in connection with this clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.


 (h) If the Dispute is not resolved after the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute.


 

14. Non-Disparagement

 

(a) The parties agree that they will not, in connection in any way with the Program and/or the Services, either during the Program or after the termination of the participant’s involvement in the Program for any reason, make or publish any adverse, disparaging or other comments that are intended to, or have the effect of, bringing another party into disrepute.

 

(b) The parties acknowledge and agree that a breach of this clause may cause damage to the other party, and an aggrieved party may have the right to commence legal proceedings seeking damages should this clause be breached.

 

 

15. Marketing

 

You agree that any testimonials that may be provided by you from time to time may be used by Dr Efi for marketing purposes.

 

 

16. No Partnership or Agency

 

Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

 


17. Severance


 Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.
 


18. Entire Agreement and Modifications


 Both You and Dr Efi confirm and acknowledge that:

 

(a) This Agreement is the entire Agreement between You and Dr Efi and supersedes and override all previous communications, either oral or written, between the Parties;


 (b) No Agreement or understanding varying or extending this Agreement shall be binding upon any Party unless arising out of the specific provisions of this Agreement; and


 (c) If for whatever reason there is any inconsistency between this Agreement and any other agreement, this Agreement will prevail
 
 
SCHEDULE

Services

The Services include the following:

 

Commencement Date/s

Program date start is from your purchase date. 

 

Completion Date

8 weeks from Commencement

 

Term of Agreement

8 weeks