Website and Payment Terms & Conditions
BY VISITING AMANDA FREEMAN’S WEBSITE YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
- About the Website
- Welcome to www.amandafreeman.com.au (the ‘Website‘). The Website (the ‘Services‘).
- The Website is operated by Amanda Freeman ABN: 22383979560. Access to and use of the Website, or any of its associated Products or Services, is provided by Amanda Freeman . 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.
- Amanda Freeman reserves the right to review and change any of the Terms by updating this page at its sole discretion. You may not receive notification of updates the Terms updates to the Terms. Please refer back to this page regularly. 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.
- 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 in the user interface.
- Your obligations as a Member
- As a Member, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- 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;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- 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 providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Amanda Freeman.
- you will not use the Services 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 www.amandafreeman.com.au
- 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 for any illegal or unauthorised use of the Website www.amandafreeman.com.au and
- you acknowledge and agree that any automated use of the Website www.amandafreeman.com.au or its Services is prohibited.
- Where the option is given to you, you may make payment of the Subscription Fee for the Services (the ‘ Services Fee’) by way of Stripe, Paypal and in some cases where deemed appropriate by Amanda Freeman, Direct Debit (Australian residents only).
- All payments made in the course of your use of the Services are made using Stripe and 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 terms and conditions which are available on their website.
- You acknowledge and agree that where a request for the payment of the Subscription Fee Services 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 Subscription Fee Services Fee and an additional Administration Fee of $30 per unpaid payment.
- You agree and acknowledge that Amanda Freeman can vary the Subscription Fee Services Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
- All purchases are considered final whether paid in full or via payment plan.
- In consideration of your access to the Course/Program, you agree to pay the price indicated at checkout.
- You hereby authorise Amanda Freeman to charge your credit card or debit card automatically as part of the selected payment plan using a payment processor as indicated at the cart.
- After payment for online Course/Program you will receive access to the Course/Program to the email address used to sign up.
- Course/Program access is via Membervault.
- In order to offer inclusive payment options, payment plans are available for some courses, programs and packages.
- Should you choose not to complete the enrolled course or program, you understand that full completion of the payment plan is still required.
- Where payment plans are in place, failure to fulfil a scheduled payment will result in the suspension of access to all materials/courses until rectified.
- Payments not rectified, whether pay-in full or payment plan, will be forwarded to a debt collection agency after a period of 30 days from the date of the missed payment.
- Refund Policy
The goods and services provided by Amanda Freeman are of satisfactory quality, fit for purpose, and as described on the website. Amanda Freeman will only provide you with a refund of the Subscription Fee Services Fee in the event they are unable to continue to provide the Services or if the manager of makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund‘). Please refer to further details in the Refund Policy on the website www.amandafreeman.com.au
- Copyright and Intellectual Property
- The Website, the Services and all of the related products of 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 Amanda Freeman and/or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by Amanda Freeman who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
- does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by .
- Amanda Freeman 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:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
- to you.
- You may not, without the prior written permission of 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.
- General Disclaimer
- 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.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Amanda Freeman 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.
- 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 make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Healing, Mentoring, Coaching, Events or Online Courses and Programs) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- 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;
- 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);
- costs incurred as a result of you using the Website, the Services or any of the products of Amanda Freeman and
- the Services or operation in respect to links which are provided for your convenience.
- Limitation of liability
- Amanda Freeman’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.
- You expressly understand and agree that Amanda Freeman, 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.
- Termination of Contract
- The Terms will continue to apply until terminated by either you or by as set out below.
- If you want to terminate the Terms, you may do so by:
- providing Amanda Freeman with 7 days’ notice of your intention to terminate where Amanda Freeman has made this option available to you and
- closing your accounts for all of the services which you use, where Amanda Freeman has made this option available to you.
- Your notice should be sent, in writing, to via the ‘Contact Us’ link on our homepage.
- Amanda Freeman may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- is required to do so by law;
- the provision of the Services to you by is, in the opinion of Amanda Freeman no longer commercially viable.
- you are abusive to her, or her employees verbally or in writing.
- Subject to local applicable laws Amanda Freeman 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 ‘s name or reputation or violates the rights of those of another party.
- You agree to indemnify Amanda Freeman, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- 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;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
- Dispute Resolution
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).
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.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
- Within 7 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;
- If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must agree upon selection of a mediator through the Dispute Settlement Centre of Victoria.
- If free mediation through the Dispute Settlement Centre of Victoria is unavailable for whatever reason, the Parties are equally liable for the fees and reasonable expenses of a fee-based mediator 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.
- The mediation will be held in Melbourne, Australia.
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 evidence.
- Termination of Mediation:
If 30 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.
- Venue and Jurisdiction
- The Services offered by Amanda Freeman is intended to be viewed by residents of Australia and World-Wide. 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 Melbourne, Australia.
- Governing Law
- The Terms are governed by the laws of Melbourne, 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 Melbourne, 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.
- 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.
- 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.
All care is taken in the preparation of the information and published materials on this site. Amanda Freeman does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. To the extent permissible by law, Amanda Freeman will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.
All testimonials presented within this website are genuine and have been received from actual clients. Actual results may vary depending on your personal situation and circumstances. Accordingly, results described in testimonials are not guaranteed
Amanda Freeman does not provide medical advice or prescribe the use of any technique as a replacement of treatment for physical or mental health issues either directly or indirectly. Nothing presented in this website is intended to be used as medical advice and is for informational and educational purposes only.
If you have any concerns regarding the content of the Website, please contact Amanda Freeman. Updated November 2022
Refund Policy: Please refer to our refund policy as stated HERE.
I would like to acknowledge that I live and work on the land of the Wurundjeri people of the Kulin nation and I wish to pay my respects to the elders past, present and emerging. Sovereignty has never been ceded.