Terms of Use

Website Terms and Conditions of Use - Online Course by Mind Momentum (Wendy Gilroy):

1. About the Website

1.1. Welcome to www.mindmomentum.com.au (the 'Website'). The Website and Mind Momentum's online courses are accessible via the learning platform 'Thinkific' (Thinkific.com) - e-learning platform (the 'Services').

1.2. The Website is operated by Wendy Gilroy . Access to and use of the Website,

or any of its associated Products or Services, is provided by Wendy Gilroy.

Please read these terms and conditions (the 'Terms') carefully. By using,

browsing and/or reading the Website, this signifies that you have read,

understood and agree to be bound by the Terms. If you do not agree with the

Terms, you must cease usage of the Website, or any of Services, immediately.

1.3. Wendy Gilroy reserves the right to review and change any of the Terms by

updating this page at its sole discretion. When Wendy Gilroy updates the

Terms, it will use reasonable endeavours to provide you with notice of updates

to the Terms. Any changes to the Terms take immediate effect from the date of

their publication. Before you continue, we recommend you keep a copy of the

Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by

clicking to accept or agree to the Terms where this option is made available to you by

Wendy Gilroy in the user interface.

3. Registration to enrol in an Online Course

3.1. In order to access and enrol in one of Mind Momentum's Online Courses, you

must first register for an account through the Thinkific e-course platform (Website)

3.2. As part of the registration process, or as part of your continued use of the

Online Course, you may be required to provide personal information about

yourself (such as identification or contact details), including:

(a) Email address

(b) Preferred username

3.3. You warrant that any information you give to Wendy Gilroy in the course of

completing the registration process will always be accurate, correct and up to

date.

3.4. Once you have completed the registration process, you will be a registered

member of the Thinkific platform and Mind Momentum ('Member') and agree to be bound by the Terms.

3.5. You may not use the Online Course and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Wendy Gilroy; or

(b) you are a person barred from enrolling in the Online Course under the

laws of Australia or other countries including the country in which you are

resident or from which you use the Services.

4. Your obligations as an enrolled Student of an Online Course

4.1. As an enrolled Student in an Online Course, you agree to comply with the

following:

(a) you will use the Services only for personal purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or

guidelines in the relevant jurisdictions;

(b) you have the sole responsibility for protecting the confidentiality of your

password and/or email address. Use of your password by any other

person may result in the immediate cancellation of the Services;

parties, is strictly prohibited. You agree to immediately notify Wendy Gilroy

of any unauthorised use of your password or email address or any breach

of security of which you have become aware;

(d) access and use of the Website is limited, non-transferable and allows for

the sole use of the Website by you for the purposes of Wendy Gilroy

providing the Services;

(e) you will not use the Online Course or the Website in connection with any

commercial endeavours except those that are specifically endorsed or

approved by the management of Wendy Gilroy;

(f) you will not use the Online Course or Website for any illegal and/or

unauthorised use which includes collecting email addresses of Members

by electronic or other means for the purpose of sending unsolicited email

or unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms

of solicitation may be removed from the Website without notice and may

result in termination of the Services. Appropriate legal action will be taken

by Wendy Gilroy for any illegal or unauthorised use of the Website; and

(h) you acknowledge and agree that any automated use of the Website or its

Online Course is prohibited.

5. Payment

5.1. Where the option is given to you, you may make payment for the Online

Course (the ' Services Fee') by way of:

(a) Credit Card Payment ('Credit Card')

(b) PayPal ('PayPal')

5.2. All payments made in the course of your use of the Services are made using

Stripe or Paypal. In using the Website, the Services or when making any

payment in relation to your use of the Services, you warrant that you have

read, understood and agree to be bound by the Stripe or Paypal terms and

conditions which are available on their website.

5.3. You acknowledge and agree that where a request for the payment of the

Online Course Fee is returned or denied, for whatever reason, by your financial

institution or is unpaid by you for any other reason, then you are liable for any

costs, including banking fees and charges, associated with the Services Fee.

5.4. You agree and acknowledge that Wendy Gilroy can vary the Online

Course Fee at any time.

6. Refund Policy

There are no refunds for digital products or online courses once you have enrolled via the learning platform (Thinkific), and have been emailed access to all online course materials (including videos and workbook resources).

7. Copyright and Intellectual Property

7.1. The Website, the Services and all of the related products of Wendy Gilroy are

subject to copyright. The material on the Website is protected by copyright

under the laws of Australia and through international treaties. Unless otherwise

indicated, all rights (including copyright) in the Services and compilation of the

Website (including but not limited to text, graphics, logos, button icons, video

images, audio clips, Website, code, scripts, design elements and interactive

features) or the Services are owned or controlled for these purposes, and are

reserved by Wendy Gilroy or its contributors.

7.2. All trademarks, service marks and trade names are owned, registered and/or

licensed by Wendy Gilroy, who grants to you a worldwide, non-exclusive,

royalty-free, revocable license whilst you are a Member to:

Wendy Gilroy does not grant you any other rights whatsoever in relation to the

Website or the Services. All other rights are expressly reserved by Wendy

Gilroy.

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in

your device's cache memory; and

use.

7.3. Wendy Gilroy retains all rights, title and interest in and to the Website and all

related Services. Nothing you do on or in relation to the Website will transfer

any:

(a) business name, trading name, domain name, trade mark, industrial

design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name,

trade mark or industrial design, or

or copyright (or an adaptation or modification of such a thing, system or

to you.

process),

7.4. You may not, without the prior written permission of Wendy Gilroy and the

permission of any other relevant rights owners: broadcast, republish, up-load to

a third party, transmit, post, distribute, show or play in public, adapt or change

in any way the Services or third party Services for any purpose, unless

otherwise provided by these Terms. This prohibition does not extend to

materials on the Website, which are freely available for re-use or are in the

public domain.

8. Privacy

8.1. Wendy Gilroy takes your privacy seriously and any information provided

through your use of the Website and/or Services are subject to Wendy Gilroy's

9. General Disclaimer

9.1. Nothing in the Terms limits or excludes any guarantees, warranties,

representations or conditions implied or imposed by law, including the

Australian Consumer Law (or any liability under them) which by law may not be

limited or excluded.

9.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are

not expressly stated in the Terms are excluded; and

(b) Wendy Gilroy will not be liable for any special, indirect or consequential

loss or damage (unless such loss or damage is reasonably foreseeable

resulting from our failure to meet an applicable Consumer Guarantee),

loss of profit or opportunity, or damage to goodwill arising out of or in

connection with the Services or these Terms (including as a result of not

being able to use the Services or the late supply of the Services), whether

at common law, under contract, tort (including negligence), in equity,

pursuant to statute or otherwise.

9.3. Use of the Website and the Services is at your own risk. Everything on the

Website and the Services is provided to you "as is" and "as available" without

warranty or condition of any kind. None of the affiliates, directors, officers,

employees, agents, contributors and licensors of Wendy Gilroy make any

express or implied representation or warranty about the Services or any

products or Services (including the products or Services of Wendy Gilroy)

referred to on the Website, includes (but is not restricted to) loss or damage

you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect,

failure to correct defects, delay in operation or transmission, computer

virus or other harmful component, loss of data, communication line failure,

unlawful third party conduct, or theft, destruction, alteration or

unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the

Services, or any of its Services related products (including third party

material and advertisements on the Website);

the products of Wendy Gilroy; and

(d) the Services or operation in respect to links which are provided for your

convenience.

10. Limitation of liability

10.1. Wendy Gilroy's total liability arising out of or in connection with the Services or

these Terms, however arising, including under contract, tort (including

negligence), in equity, under statute or otherwise, will not exceed the resupply

of the Services to you.

10.2. You expressly understand and agree that Wendy Gilroy, its affiliates,

employees, agents, contributors and licensors shall not be liable to you for any

direct, indirect, incidental, special consequential or exemplary damages which

may be incurred by you, however caused and under any theory of liability. This

shall include, but is not limited to, any loss of profit (whether incurred directly or

indirectly), any loss of goodwill or business reputation and any other intangible

loss.

11. Termination of Contract

11.1. The Terms will continue to apply until terminated by either you or by Wendy

Gilroy as set out below.

11.2. If you want to terminate the Terms, you may do so by:

Your notice should be sent, in writing, to Wendy Gilroy via the 'Contact Us' link

on our homepage.

(a) providing Wendy Gilroy with 1 days' notice of your intention to terminate;

and

(b) closing your accounts for all of the services which you use, where Wendy

Gilroy has made this option available to you.

11.3. Wendy Gilroy may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any

provision;

(b) Wendy Gilroy is required to do so by law;

Wendy Gilroy, no longer commercially viable.

11.4. Subject to local applicable laws, Wendy Gilroy reserves the right to discontinue

or cancel your membership at any time and may suspend or deny, in its sole

discretion, your access to all or any portion of the Website or the Services

without notice if you breach any provision of the Terms or any applicable law or

if your conduct impacts Wendy Gilroy's name or reputation or violates the rights

of those of another party.

12. Indemnity

12.1. You agree to indemnify Wendy Gilroy, its affiliates, employees, agents,

contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and

damage (including legal fees on a full indemnity basis) incurred, suffered

or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting

on the Website or attempts to do so; and/or

13. Dispute Resolution

13.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute, unless the following clauses

have been complied with (except where urgent interlocutory relief is sought).

13.2. Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must

give written notice to the other party detailing the nature of the dispute, the desired

outcome and the action required to settle the Dispute.

13.3. Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms

('Parties') must:

13.4. Confidential:

All communications concerning negotiations made by the Parties arising out of and in

connection with this dispute resolution clause are confidential and to the extent possible,

must be treated as "without prejudice" negotiations for the purpose of applicable laws of

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may mutually

agree;

(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has

not been resolved, the Parties must either agree upon selection of a mediator or

request that an appropriate mediator be appointed by the President of the

Australian Mediation Association or his or her nominee;

and the cost of the venue of the mediation and without limiting the foregoing

undertake to pay any amounts requested by the mediator as a pre-condition to the

mediation commencing. The Parties must each pay their own costs associated with

the mediation;

(d) The mediation will be held in Sydney, Australia.

Approved by

Signature: _________________________________________

Full Name:

Date:

evidence.

13.5. Termination of Mediation:

If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has

not been resolved, either Party may ask the mediator to terminate the mediation and the

mediator must do so.

14. Venue and Jurisdiction

The Services offered by Wendy Gilroy is intended to be viewed by residents of Australia.

In the event of any dispute arising out of or in relation to the Website, you agree that the

exclusive venue for resolving any dispute shall be in the courts of New South Wales,

Australia.

15. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute,

controversy, proceeding or claim of whatever nature arising out of or in any way relating

to the Terms and the rights created hereby shall be governed, interpreted and construed

by, under and pursuant to the laws of New South Wales, Australia, without reference to

conflict of law principles, notwithstanding mandatory rules. The validity of this governing

law clause is not contested. The Terms shall be binding to the benefit of the parties

hereto and their successors and assigns.

16. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having taken the opportunity to obtain independent legal

advice and declare the Terms are not against public policy on the grounds of inequality

or bargaining power or general grounds of restraint of trade.

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent

jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

The Calm and Confident Mum - mini course with

Mind Momentum Coaching (Wendy Gilroy)

Terms, Conditions & Consent Form

______________________________________________________

Overview of Mind Momentum Coaching

1.1 Mind Momentum Coaching is a coaching service offered by Mind Momentum. This is a non-clinical service aimed at supporting mothers with their general wellness. This is not a counselling or therapy service. The coaching service is to empower and educate mothers to build on their general state of wellness to thrive and flourish, not to treat any medical or health conditions or diagnoses. Mind Momentum Coaching is not for individuals with a clinical diagnosis seeking treatment or therapy.

1.2 Mind Momentum Coaching was designed to provide high quality, evidence-based content to mothers.

2. Structure of Mind Momentum Coaching

2.1 The Calm and Confident Mum (CaCM) is a coaching program that is offered completely online. There are 5 video modules and several downloadable worksheets that form this online program.This online program is self-paced for all participants, and once you have commenced the program (log in access is provided once your online program payment is made), you will have access to all course materials in the student portal for 365 days.

2.2 All online content will be available via an online course portal with an individual password to protect your access. Once payment is received, your enrolment and access details will be emailed to you.

3. Relationship with Mind Momentum Coaching

3.1 By consenting to participate in the CaCM Program online, you are agreeing to receive wellness education and coaching content, not mental health treatment, counselling or a diagnosis.

3.2 Mind Momentum Coaching is operated by Wendy Gilroy, who is a trained and qualified counsellor.

3.3 While Wendy Gilroy is a trained counsellor, the CaCM program is not a counselling or therapy program.

3.4 By consenting to participate in the CaCM program, participants acknowledge that they are participating in a coaching program and are not receiving clinical, counselling or therapy services from Wendy Gilroy.

3.5 To avoid any potential conflicts of interest, counselling and therapy clients of Wendy Gilroy cannot be accepted into the CaCM program within at least eight (8) weeks of ceasing counselling/therapy support.

3.6 Similarly, participants in the CaCM program cannot be accepted as new clients for counselling/therapy until eight (8) weeks after completion of the online program.

3.7 Any requests for cross-referral or registration between former counselling/therapy clients of Wendy Gilroy and the coaching program will be assessed on a case by case basis, and will only be accepted at Wendy Gilroy’s discretion, depending on the individual circumstances.

3.8 If in the course of participating in the CaCM Coaching program, issues arise which in Wendy Gilroy’s professional opinion are beyond the scope of the coaching relationship, a participant may be advised to see their GP and obtain a referral to consult with an appropriate clinician.

3.9 Wendy Gilroy may at any time and in their sole discretion, terminate a participant’s registration in the CaCM Coaching Program if Wendy Gilroy considers it appropriate to do so. In the event of termination of a participant’s registration in the CaCM Coaching program on this basis, a partial refund of the participant’s registration fees may be provided.

4. Privacy and Disclosure of Personal Information

4.1 As part of your participation in the CaCM Coaching Program, Wendy Gilroy Coaching needs to collect and record information from you.

4.2 A copy of our Privacy Policy is available on the website, which we request you read and acknowledge your understanding of, prior to signing this document or commencing the online program.

4.3 Also enclosed in a copy of our:

4.3.1 Disclaimer

4.3.2 Description of the CaCM Coaching Program, including what to expect from us and our expectations of you as a participant.

5. Technology Requirements

5.1 CaCM Coaching Program is provided online through our website portal. You are responsible for the costs associated with setting up the technology needed so you can access online content and participate as necessary.

5.2 To access CaCM Coaching Program content, you will need access to a computer or appropriate device with internet connection, speakers, and a private and quiet space where you can listen, watch, reflect, write and progress through the program.

5.3 The privacy of any form of communication via the internet is potentially vulnerable and limited by the security of the technology used.

6. Fees

6.1 The fee for participation in the CaCM online program is $47 to be paid in full via the course platform (using PayPal or Stripe), prior to access given to participants.

7. Cancellation & Refund Policy

7.1 Refunds are not available for digital products. That is, once you have purchased the online pre-recorded CaCM coaching program and received online access to the program, refunds are not possible.

8. Consent to Participation in the CaCM Coaching Program

8.1 I confirm that I have read and understood the information in this document about Mind Momentum Wendy Gilroy and the CaCM Coaching Program and I acknowledge the following:

8.1.1 Mind Momentum Coaching with Wendy Gilroy is a coaching service. Although Wendy Gilroy is a qualified Counsellor, this is not a personal therapy, counselling or coaching service and I will not be receiving any form of therapy services, treatment, advice or counselling in the course of my participating in the CaCM Coaching program;

8.1.2 I am not a current private counselling or therapy client of Mind Momentum with Wendy Gilroy.

8.1.3 As a result of my participation in the CaCM Coaching Program, I am precluded from accessing counselling or therapy services provided by Mind Momentum for a minimum period of 8 weeks from the completion of the CaCM Coaching program;

8.1.4 I have read and understood the Mind Momentum Privacy Policy.

I, [PRINT NAME] ................................................... have read and understood the information, terms and conditions contained in this Consent Form and have discussed any outstanding questions with Wendy Gilroy Coaching.

I agree to the above conditions for coaching services to be provided to me by Wendy Gilroy Coaching.

Client signature .....................................................................

Date ……./……./………………

Wendy Gilroy

Mind Momentum

1 June 2024.