Terms and Conditions.

These are the terms and conditions that apply to the consulting package and online portal offered by Hayley Dawson - The Rural Naturopath ABN 13 979 033 843 (referred to as ‘Hayley’, ‘I’, ‘me’, or ‘my’). These terms and conditions are to be read together with our services agreement and any other formal written agreements between us. These documents together form our entire agreement.

These terms and conditions will become binding once you agree to proceed with a package, use a package or make any payment for a package.

1. Consulting Packages

1.1 My packages are delivered online, face to face, via telephone, or a mixture of all three.

1.2 If you sign up to:
(a) Elevate 1:1 Naturopathy & Nutrition package, you will get:

4 x 1:1 appointments to offer you personalised support and treatment plans
A monthly group masterclass around a specific health topic
A monthly Group ‘Mindset Coaching Call’ with Katrina Myers
Access to a Members Only portal (which includes fantastic resources, including recipes, Pilates exercises and more!)
4-month access to online yoga classes
Package must be completed within 6 months

(b) Thrive 1:1 Naturopathy & Nutrition package, you will get:

6 x 1:1 appointments to offer you personalised support and treatment plans
1 x food compatibility test or DUTCH or CDSA stool test (CDSA & DUTCH test is an additional $150)
All naturopathic supplements included
Monthly Group Masterclass (online)
Monthly Group Mindset phone call
Six months’ access to online Naturopathic Yoga
Access to a members’ only portal which includes online Pilates, delicious recipes and more!
6 months of ongoing support via email and text message
Package must be completed within 6 months

(d) Use Your Hormones to Your Advantage

1.3 For all my packages, I will provide you access to my online portal where you can access resources such as templates and workshops.

1.4 If you are offered online access to live sessions or workshops, you must participate at the time they are offered. Your failure to attend a live session or workshop does not entitle you to a refund, unless stated that a recording will be available.

1.5 Individual components of my packages are not redeemable, transferable, or interchangeable. Any unused component will expire at the end of the term.

2. Services

2.1 I will provide you 1:1 naturopathy and nutrition consulting through in-person, internet, or telephone meetings. I will contact you prior to a session to work out a mutually agreeable time and location for the session to be delivered.

2.2 You must use all your 1:1 sessions before the end of your package term. Any unused sessions will expire at the end of the term.

2.3 You agree to give me at least 48 hours’ notice if you need to reschedule a session. You must reschedule your sessions within your package term, otherwise they will expire at the end of the term. I will attempt in good faith to reschedule a missed session before the end of your package term but cannot guarantee that I will be available.

3. Online portal

3.1 I will provide you access to my online portal for the entire term of your package. At the end of the term, your access will end, whether you have used the resources or not.

3.2 You will be provided with the link and password to access the online portal. You must not share your login detail with others. If it comes to my attention that your login details are used across multiple IP addresses, I may terminate your online access and there will be no refund given.

3.3 I reserve the right to change or substitute content of my online portal at any stage with alternatives that I feel will be of equal or greater value to you, or where circumstances require.

4. Events

4.1 From time to time, I may offer live events either as part of your package, as an added bonus or available for purchase separately.

4.2 Travel, accommodation, catering and incidentals for events are not included in the event costs unless specified in the advertising for the event.

4.3 The time and location of an event will be notified to you when it becomes available, or as advertised.

4.4 Where circumstances beyond my control intervene (like COVID restrictions) you agree that, at my sole discretion, I may cancel, postpone, or change the delivery of that event to a different format, including wholly electronic format. If you are unable to attend an event due to COVID restrictions, the event may still go ahead if there are enough participants who are able to attend.

4.5 Where an event is offered as part of your package or as an added bonus, there will be no refund if the event format is altered to a different format or if the event goes ahead but you are unable to attend that event for any reason. You may apply your event fee (if any) as a credit toward attendance at a future event, or for coaching services with me, provided you use that credit within 12 months of the original event date.

5. Your responsibilities

5.1 You agree:

(a) that it is your responsibility to schedule 1:1 sessions, make use of the online portal, and commit time to attend any live session or workshop to ensure you obtain the maximum benefit of my packages;

(b) to provide true and correct details when setting up an account to access the online portal;

(d) that you are solely responsible and liable for any loss or damage to me arising out of the use of your login details or online access;

(e) to immediately notify me of any unauthorized use of your password or other breach of security;

(f) not to rent, lease, sell, transfer, redistribute, or make available your access to my online portal to any third party;

(g) not to use my online portal in a manner that could damage, disable, overburden or impair the website or interfere with any party’s use and enjoyment of the online portal, and not to hack into areas of the online portal that are not intentionally made available to you;

(h) that you will not use my online portal or packages for any purpose that is unlawful or prohibited by these terms and conditions;

(i) not to use my online portal or packages in a manner that could bring me into disrepute;

(j) that you are responsible for your own physical, mental and emotional wellbeing when using my packages or the online portal. You understand that you can choose to discontinue using my packages at any time but that will not entitle you to a refund; and

6. Fees and payment

6.1 You agree to pay the fees in full and on time whether or not you use or access all components of a package or all content of the online portal.

6.2 If you sign up to my packages via online links, you will be required to make your first payment, whether in part or in full (depending on your payment option) as part of that process. If you are paying by instalments, the instalments after the first instalment will be due the same day of each successive month until paid in full.

6.3 Payment may be made via PayPal or credit or debit card, processed by Stripe.

6.4 If you are paying by monthly instalments and you are in arrears with your payments, your services and your access to the online portal may be suspended until all fees are paid up to date. This does not change the timeframe of this agreement. Your sessions and access to the online portal will still expire at the end of the term and you will be liable to pay for the full amount of the packge.

6.5 If any payment is dishonoured for any reason, you will be liable for dishonour fees. If money remains unpaid, you will also be liable for any costs and disbursements that I incur in pursuing the debt (including legal costs on a solicitor and own client basis) and debt collection costs to the extent permissible under relevant legislation.

7. Refund policy

7.1 I aim to provide you with personalised naturopathy and nutrition services to be able to help you improve your health and live a healthier life. In accepting one of the limited number of places I have available, you acknowledge I am committing my time and resources to you. For this reason, if you decide to withdraw from my package before the end of the term, I will not offer a refund.

7.2 Events – Due to the costs involved in setting up and securing locations for live events:

(a) if the event format is changed, you will be expected to attend via the new format;

(b) if the event is postponed or cancelled, or if the event goes ahead but you are unable to attend for any reason, you may apply your event fee (if any) as a credit toward attendance at a future event, or for naturopathy and nutrition services with me, provided you use that credit within 12 months of the original event date;

(c) you may transfer your ticket to someone else without cost, provided you let me know who the person attending is at least 7 days before the event date.

7.3 When you purchase a package available through the online portal, you will have access to all of the benefits of the package at the time of purchase. Even if you elect to pay by instalment, you are agreeing to pay for the whole of the package in full and will not receive a refund if you stop accessing the online portal sooner than the end of your term of access.

8. Termination

8.1 My services to you and your access to the online portal will terminate at the end of the term.

8.2 If for any reason I decide that I will be unable to fulfil all of the services included in your package, through no fault of my own, and other than as a result of you missing a session, you agree that I may terminate this agreement upon seven (7) days written notice to you, without providing reasons. If I elect to terminate this agreement, I will refund to you that proportion of my fees relating to the balance of the term of this agreement, or proportionate to the services I have already delivered, at my discretion.

8.3 I reserve the right to cancel, suspend or change your access to the online portal at any time without notice if I believe that you have failed to comply with these terms and conditions. I will not provide a refund if your access to the online portal is terminated for non-compliance. In no event will I be liable for any loss or damage as a result of terminating your access to the online portal.

9. Confidentiality

9.1 ‘Confidential information’ means information about your health and relationships of you or me which include this consulting relationship, and all information that is expressly or impliedly nominated as confidential, or that a reasonable person would consider to be confidential, however recorded, documented or verbal.

9.2 Where confidential information is disclosed to you during the package, it is done so for your personal or business benefit, and you agree not to disclose that confidential information to any other person or entity.

9.3 Some of the information you provide to me will be information that is clearly important and confidential to you or your business. I will only use that information to provide services to you and will not share it.

9.4 These obligations of confidence will cease to apply in relation to information that either party is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by the disclosing party of its obligations under this agreement.

10. Intellectual Property

10.1 All intellectual property rights in my packages remain my property. Access to the online portal does not give you any ownership rights to those package materials or any other package material.

10.2 You are only allowed to use the package materials for your own personal use. You must not share, distribute or resell, in part or in full, those materials without my prior written permission. You are prohibited from using my materials to develop your own package or training for sale or giving away to others.

11. Your content and data

11.1 While all care is taken to store your data, the online portal is not designed as a backup system and should not be relied on as such. I provide no guarantee for the security of your data. I will not be responsible or liable for the storage, theft, deletion, correction, destruction, damage or loss of any stored data. I recommend you have a regular back-up system in place for your systems.

11.2 If your package is terminated, your stored data will be permanently deleted from the online portal.

12. Security and accessibility

12.1 I make effort to maintain the security of my packages. However, I do not guarantee the security of my website, online portal, systems or records of your data.

12.2 Continuous access to the online portal will be dependent on your internet connection and download speed, which is outside my control.

12.3 I cannot guarantee that the online portal will remain error free at all times. There may be limited times the online portal is not functioning or is malfunctioning. Please notify me if that occurs. I will not be liable for any periods that it is not functioning or is malfunctioning.

12.4 I disclaim all liability for any computer virus or technological problems that were not intentionally caused by me or are beyond my control. I do not warrant that my online portal is free from viruses, malware or similar damaging code. You are encouraged to install and maintain up-to-date security software on your systems.

13. Third party services

13.1 If I make any third party recommendations including but not limited to third party products, packages or services (‘third party services’), it is because to the best of my knowledge, they are quality products or professional service providers. You must complete your own due diligence to protect yourself.

13.2 I will not be liable or responsible for your use of third party services, or loss or damages you or any other person suffers due to the use of the third party services.

14. Disclaimer

14.1 My packages aim to provide you with the support and advice you need to achieve your health goals. I cannot do the work for you. You agree to take responsibility for your own circumstances and acknowledge that the benefit you receive from my package will depend on your personal circumstances and the effort you put in.

14.2 You understand that it may take some participants a greater commitment of time and effort than others to implement suggested changes or ideas, and that varied results may arise based on the individual’s starting point, flexibility to change and emotional intelligence.

14.3 While I will use reasonable skills and care in delivering my packages, I cannot guarantee that your objectives will be met or that your results will be consistent or improve. Each person comes to me with different circumstances, skills and attitude, all of which can impact their outcomes.

14.4 You are responsible for your own decisions, choices, actions and results when implementing my coaching into all areas of your life. You agree that I will not be liable for any action or inaction, or for any direct or indirect result of any services that I have provided.

14.5 While every care is taken, I make no representations about the suitability, reliability, availability, timeliness, completeness and accuracy of anything provided in my online portal for any purpose. To the maximum extent permitted by applicable law, anything contained in my online portal is provided “as is” without warranty or condition of any kind.

14.6 Information provided in my online portal is for educational purposes only and we take no responsibility for any use made by you of the information supplied.

14.7 You understand that my packages are not to be used as a substitute for professional advice by legal, mental, medical, financial, business, spiritual or other qualified professionals. You must seek independent professional guidance for such matters. You agree that all decisions and actions in these areas are exclusively your responsibility.

15. Limited liability and indemnity

15.1 To the extent permissible under relevant legislation, I will not be liable for any loss or damages including loss of profits, loss of opportunity or damages suffered by any person from following or applying any advice, ideas or content developed as part of my packages.

15.2 To the fullest extent permitted by law, and without limiting the application of the Australian Consumer Law, you agree that:

(a) my total aggregate liability for any claim(s) by you relating to any package I deliver to you is limited to the amount actually paid by you for that package;

(b) if there is any fault in a package, my liability will be limited (at my choice) to:

(i) the delivery of that package again; or

(ii) refunding part or all of the cost of that package.

15.3 You agree to indemnify me and hold me harmless against loss or damages suffered by you or any other person arising from your breach of these terms and conditions.

16. General

16.1 Relationship – I am delivering my packages to you as an independent contractor and nothing in these terms and conditions should be interpreted to suggest otherwise.

16.2 Assignment – The packages are personal to you and this agreement and cannot be assigned to any other person. Event attendance may be transferred subject to the terms and conditions of that event.

16.3 No Waiver – Any time or other indulgence granted by me will not in any way amount to a waiver of any of my rights or remedies under this agreement.

16.4 Governing Law – This agreement is governed by the laws of Victoria, Australia, and you agree to be subject to the jurisdiction of the courts of Victoria, Australia if there was a serious dispute between us.

16.5 Severability – If any of these terms and conditions are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be severed, and the remainder of the terms and conditions will continue in effect.

16.6 Entire agreement – These package terms and conditions, together with our services agreement and any other formal written agreements between us, form the entire agreement between us. Anything else discussed beforehand or afterward is not part of our agreement or fees charged unless it was included or has been agreed to in writing.

End.