Terms and Conditions
Welcome to https://www.flourishboldly.com (our Site).
This Site gives you an opportunity to browse and purchase positive psychology related and personal development products and services, including mindset, values and character strength skills training, for individuals and professionals offered by Catherine Louise Doocey (ABN 51 621 972 637) trading as ‘Flourish Psychology International’ (Flourish Psychology International, we, us, our).
These Terms and Conditions (Terms) govern your use of this Site, as well as Flourish Psychology International’s services, and form a binding contractual agreement between you and us.
These Terms are important and you should ensure that you read them carefully, along with our liability disclaimer, and contact Flourish Psychology International at email@example.com if you have any questions before purchasing our products or engaging our services.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
Flourish Psychology International’s products and services are intended for people aged 18 and over. Our products and services may be purchased for users that are under the age of 18, but only where an adult agrees to purchase our products on behalf of a minor.
ACCEPTANCE OF TERMS
1. By accessing, downloading or using the products or services offered by Flourish Psychology International, or on our Site, whether you register as a member or not, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the products and/or services.
3. All Flourish Psychology International services are intended for general coaching, education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer specific psychological, legal, financial, medical, or other professional advice. Use caution and where appropriate, seek alternative professional advice before acting on any information that we provide.
4. Flourish Psychology International provides support, guidance and tools for you to set goals, determine priorities and achieve results by engaging in positive psychology related personal development activities, but any decisions you make, actions you take, and the consequences that flow from such decisions or actions, are your sole responsibility. Your success depends on many factors, including any prior existing medical conditions, dedication, participation, desire to change, motivation, and individual life circumstances.
5. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
6. Whilst Catherine Louise Doocey holds a Bachelor of Behavioural Science (Psychology), Post-Graduate Diploma of Applied Psychology and Masters in Organisational Psychology, and is registered as a psychologist with the Psychology Board of Australia she is not a specialist clinical nor a therapeutic psychologist. As such, Flourish Psychology International does not purport to provide any clinical, organizational l or therapeutic psychological services to its clients.
7. Flourish Psychology International provides general personal development and coaching services. Flourish Psychology International does not provide specific clinical, organisational or therapeutic psychological advice and should not be treated as a substitute for specific professional psychological counselling and treatment.
8. Should a participant seek or require clinical psychological intervention, Flourish Psychology International will refer the participant to an appropriate clinical psychologist.
9. Flourish Psychology International cannot and does not make any guarantees about your ability to achieve results through applying our ideas, information, tools, or strategies. You acknowledge that we teach skills and strategies that are intended to be implemented and used over a lifetime and so any results are unlikely to be present at the conclusion of our services and are expected to develop over time according to your own discipline, application and commitment to our products and services. There is inherent uncertainty of any results in any personal change exercise, and you therefore agree there is no guarantee that you will achieve any specific results through having purchased our products and/or services.
REGISTERING YOUR DETAILS
10. Before you purchase our online services, you must register an account with us.
11. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
12. We may at any time request a form of identification to verify your identity.
13. If you are a registered user or member to this Site, you acknowledge and agree that:
a. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
b. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
c. You will immediately notify us if your Password is lost or becomes known to any other person;
d. You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
e. Any information you provide to us for posting or inclusion in our Flourish Psychology International Community, at any time, becomes our property.
15. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
16. You will not let any other person use your Password or any registered user or member services.
17. You will not forward on any correspondence with links to set up their own online registration to any other person
18. When using our services, you may be given access to our Facebook groups and other online or in person forums (Flourish Psychology International Community), which may change from time to time and where you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Flourish Psychology International Community any of the following:
a. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
b. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
c. Information that includes personal or identifying information about another person without that person’s consent.
d. Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
e. Any information or content that impersonates any person or entity.
f. Any material, non-public information about companies without authorisation to do so.
g. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
19. By posting or otherwise publishing Your Content on our Site or Flourish Psychology International Community, you:
a. Warrant that you have the right to grant the above licences; and
b. Warrant that Your Content does not breach these Terms.
20. We reserve the right (but have no obligation) to:
a. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
b. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
CODE OF CONDUCT
21. Our Site and Flourish Psychology International Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.
22. Whilst using this Site and/or our Flourish Psychology International Community, we ask that you not:
a. Contact anyone who has asked not to be contacted.
b. Collect personal data about other users for commercial or unlawful purposes.
c. Infringe other user’s privacy rights.
d. Violate the intellectual property of others.
e. Post anything that contains software viruses, worms or any other harmful code.
f. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
23. Please see our Flourish Psychology International Community Guidelines in the appendix to these Terms for more information.
24. We respect your confidential and proprietary information (collectively Confidential Information), and by using our services, you agree to respect the same rights of the other Flourish Psychology International services participants (Participants) and representatives of Flourish Psychology International.
26. You agree:
a. That any Confidential Information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
b. Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
c. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
d. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
27. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of other Participants in the strictest of confidence.
COPYRIGHT AND TRADE MARK NOTICES
28. All material on this Site, in our Flourish Psychology International Community or otherwise delivered by us including (but not limited to) written and video course content, course materials, social text, and graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
29. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
30. The trade marks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Flourish Psychology International. The trade marks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Flourish Psychology International, in any manner that is likely to cause confusion with customers, or in any manner that disparages Flourish Psychology International.
31. Nothing contained on this Site or in our Flourish Psychology International Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our express written permission.
32. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Flourish Psychology International will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
RIGHT TO TERMINATE
33. We reserve the right to suspend, or terminate your use of the Site, Flourish Psychology International Community or our services generally if you breach these terms, as determined by us in our sole discretion.
34. Where you have breached these Terms, and we elect to terminate or suspend your access to the Site and/or provision of our services, you will not be entitled to a refund for any fees paid.
35. You may otherwise terminate, however in that event, you waive your right to any refund for payments made to us in connection with our products and services in accordance with these Terms and acknowledge that any refunds are only permitted in accordance with our refund policy.
36. Valid as at 1 December 2018, the cost and duration of our services is set out below:
Service: Flourish Boldly Program
Recommended Retail Price in AUD: $1,197.00 available to be paid as a lump sum prior to commencement
Duration: 6 weeks
Content: Weekly group coaching sessions and online learning modules designed using positive psychology research and principles specifically related to the foundations of flourishing, including values, mindset and character strengths.
Service: Five to Thrive Program
Recommended Retail Price in AUD: $397.00 available to be paid as a lump sum prior to commencement
Duration: 5 weeks
Content: Daily 5-minute videos, delivered 5 days of the week, for 5 weeks. Content designed using positive psychology research and principles, specifically relating to Character Strengths.
37. From time to time Flourish Psychology International may offer the opportunity to purchase its products and services at a discounted price, subject to these Terms.
38. Invoices and receipts for any services are automatically generated and can be requested at any time by emailing firstname.lastname@example.org.
39. Payments are operated through an online and automated billing system (Online Payment). We accept payment via Stripe and PayPal. Where your payments are made via Online Payment:
a. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
b. If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
40. In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension or termination of use of our products and/or services.
REFUNDS AND CANCELLATION
41. Refunds are only permitted in accordance with the Australian Competition and Consumer Act (2010) (Cth) and in particular, Schedule 2 to this Act which contains the Australian Consumer Law (ACL) or as otherwise set out below.
42. Upon the purchase of the Flourish Psychology International Program we will honour any cancellation after the completion of the Welcome Module, but prior to the commencement of Module 1 but only if you are unsatisfied with the program, where we may provide a full refund.
43. To obtain your refund, you are to email Flourish Psychology International at email@example.com at the time of requesting the refund and confirm:
a. Your request for a refund including confirmation of your date of purchase and access of the Welcome Module, and;
b. Why you are unsatisfied in writing (optional),
44. Any refund requests made after accessing Module 1 or attending any further group coaching sessions, or other refund requests generally, will be assessed on a case-by-case basis and when genuine value has not been received or isn't able to be received, refunds will be granted at the sole discretion of the Flourish Psychology International team.
45. Notwithstanding any other provisions in these Terms, to the extent that we are entitled to do so, Flourish Psychology International limits its liability in respect of any claim under the ACL, to the following, at its option:
a. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
b. in the case of products, the replacement of the products or the supply of equivalent products, the repair of such products, the payment of the cost of replacing the products or acquiring equivalent products, or the payment of the cost of having the products repaired.
46. From time to time, provision for 1:1 coaching services may be made available to current clients. Where this is the case, bookings are required and private notification will be distributed via email and/or via social media through the private groups within the Flourish Boldly Community.
47. By making a booking with Flourish Psychology International for 1:1 services, or otherwise communicating your acceptance of a proposal from Flourish Psychology International, you agree to be bound by these terms.
48. Bookings must be made via our online booking calendar with links to be provided in the private communication, or via email to firstname.lastname@example.org where a mutually agreed time will be arranged.
49. You must attend your online session on time to ensure that your session runs for its full scheduled duration. If you are running late, Flourish Psychology International reserves the right to cut short your session time.
50. If you need to reschedule or cancel a 1:1 booking, you may do so without penalty provided at least 24 hours’ prior notice has been given to Flourish Psychology International, for individual coaching sessions; or
51. If you reschedule or cancel your session without providing prior notice in accordance with the time frames above, or if you’re a ‘no show’, you forfeit the session.
52. In the unlikely event that Flourish Psychology International cancels a booking, your session will be rescheduled as soon as practicable.
LIABILITY IS LIMITED
53. The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that by law may not be excluded, including but not limited to, those rights under the ACL.
54. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, Flourish Psychology International Community or Our Content.
55. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
a. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
b. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
c. Accessing websites or servers maintained by other organisations through links on our Site, Flourish Psychology International Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
d. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
56. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Flourish Psycholog International Community or through use of our services.
57. You cannot transfer or assign your Flourish Psychology International membership without Flourish Psychology International’s prior written consent.
58. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.
59. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with these clauses 57-64.
60. Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
61. If the dispute is not resolved by agreement within five working days of the Second Party receiving the notice referred to in paragraph (58) above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five working days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited. The costs of the mediator shall be borne equally between the disputing parties. The chosen mediator shall determine the procedures for the mediation. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
62. Each party must attend and participate in the mediation in good faith.
63. If the parties have not mediated a resolution of the dispute within 10 working days of attending mediation, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it thinks fit in relation to the dispute.
64. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal with jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
65. Despite the existence of a dispute, controversy or claim, the parties must continue to comply with their obligations under the contract.
66. This clause survives termination of these Terms.
67. These Terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the non-exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises between us.
68. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
69. If you have questions or comments regarding this Site, our Terms or Flourish Psychology International services, please email us at email@example.com.
Trading Name: Catherine Louise Doocey trading as ‘Flourish Psychology International’
ABN: 51 621 972 637