Terms and Conditions

 

Hello and welcome to www.rachaelkable.com (Website).

This Website is owned and operated by Rachael Kable ABN  97 654 090 019 (me!). Any reference to “You/Your” means any person or entity who accesses or uses this Website or participates in my Course. By accessing or using this Website, you agree to comply with these terms and conditions.

Some Definitions You Need to Know

Terms are defined throughout these TCs, however here are some other definitions you need to be aware of:

“Content” means videos, audio files, eBooks, workbooks, blog posts, checklists and any other materials and content created or licensed by me.

“Course” means any of my online courses, including my free Self-Care for Busy People course, my paid Mindfulness Made Easy course, and my paid Derail Imposter Syndrome course, details of which can be found at https://tmkschool.teachable.com.

“Products” means any products that I sell on my online shop, including meditation albums, journals, books or eBooks, which can be found at https://www.rachaelkable.com/shop.

1.     Nature of Information

a.     Any Content and information provided under this Website or my Course are of a general nature only. You must not rely on any information without first seeking advice that is specific to your individual circumstances.

2.     Use of my Website

  1. Whilst I will use my best efforts to ensure that this Website is free from viruses, I cannot guarantee that it is, and it is your responsibility to ensure that this Website does not expose you to any viruses or other code that is harmful or may cause harm.

  2. Some do’s and don’ts when using the Website:

Do

·       Sit back, grab a cuppa and browse my Website

·       Feel free to contact me through the email addresses or contact forms on this Website if you have any questions

Don’t

·       Copy any Content without asking me first

·       Sign me up to your newsletter without my consent

·       Send me unsolicited emails or messages

3.     Shop

  1. I sell a number of Products to help guide and nurture your journey into mindfulness.

b.     When purchasing a Product from this Website, the price for the Product will be displayed. Prices are in Australian dollars and excluding GST unless otherwise stated.

c.     You will be required to pay for the Product in full at the time of placing your order. Payment is accepted by credit card or PayPal.

  1. When you place an order to purchase a Product, you will receive a confirmation email from me. If you have not heard from me within 2 business days of buying a Product, please email me at hello@rachaelkable.com.

  2. If you have received a Product with a fault, damage or defect, please contact me immediately and provide evidence of the fault, damage or defect along with proof of purchase.

  3. If the Product is confirmed to be faulty, damaged or defective, I will exchange or provide a refund for the Product to your original payment method, as elected by you. Please allow up to 10 days for the refund or exchange to be processed.

  4. My eBooks are delivered via email, containing a link which will expire in 24 hours. It is your responsibility to use this link within the specified timeframe and save the eBook to a safe location. If you do not receive this email after purchase, please check your junk/spam folder. If the email is still not able to be found, please email me at hello@rachaelkable.com and the link will be re-sent (please note that proof of purchase is required).

  5. eBooks are for your own personal use only. They may not be sold, broadcast, published, loaned or shared via any other means.

  6. My book, “The Mindful Kind”, is sold via third party distributors and payment is made directly to those distributors. Please note the distributor’s terms and conditions, including refund policy, will apply when purchasing my book.

  7. Nothing in this clause is intended to exclude any of your statutory rights as a consumer under Australian Consumer Law.

4.     Course

  1. You must be at least 18 years of age to purchase and participate in my Course.

  2. The price for your participation in my paid Course will be displayed on this Website. Prices are in United States dollars and excluding GST unless otherwise stated.

  3. You will be required to pay for your participation in my paid Course in full at the time of placing your order. Payment is accepted by credit card, Apple Pay, Google Pay, or PayPal.

  4. When you register for a Course, you will receive a confirmation email from me. Your participation is not accepted by me, and I am not obliged to supply or offer any part of Course to you, until I have accepted your order. If you have not heard from me within 2 business days of registering for a Course, please email me at hello@rachaelkable.com.

5.     Access to Content

a.    Content for my Course will be made available via a third-party platform, Teachable.

b.    In order to access and use my Course, you will need to create an account with Teachable (Account). By creating an Account and providing all information requested by me, you agree that all information provided by you is true and correct and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

c.     Users are solely responsible for maintaining the confidentiality of their passwords and Account and for any and all statements made and acts or omissions that occur through the use of your password and Account. Therefore, Users must take steps to ensure that unauthorised users do not gain access to your password and Account.

d.    You may not transfer or share your Account with anyone or share the Course Content without my consent, and I reserve the right to immediately terminate your access to the Course if you do transfer or share your Account or any of the Content without my consent.

6.     Refunds - Course

a.    You have a number of rights and consumer guarantees under Australian Consumer Law, including that services are fit for purpose, provided with acceptable levels of care and skill, and provided within a reasonable time-period.

b.    I want to make sure you are completely happy with the Course and find it helpful. However, if during your participation in the Course, I do not meet the guarantees above, please contact me immediately and provide me with details and evidence (if possible) of the problem.

c.     If any of my services are confirmed to have a major problem, I will refund all or part of the price (as applicable) to your original payment method at your request (minus transaction fees). The applicable refund amount will be determined by the nature of the problem and the degree to which you may have been partially responsible for the problem.  Please allow up to seven days from confirmation for me to process any refund.

d.    Except for my Happiness Guarantee in clause 7, I otherwise cannot offer refunds where you insisted on having the Course provided in a particular way against my advice, simply changed your mind, failed to attend, watch or participate in the Course, or were unable to use or access the Course due to issues outside of my control (including computer or internet issues).

e.    Nothing in this clause is intended to exclude any of your statutory rights as a consumer under Australian Consumer Law.

7.     Happiness Guarantee

a.    I want you to love my Courses as much as I love providing them. That’s why, in addition to your rights under Australian Consumer Law, I also offer a Happiness Guarantee.

a.     If you sign up to a paid Course and are not totally happy with the Course within the first 30 days from the date of your purchase, let me know and I will refund the cost of the Course to your original payment method (minus any transaction fees).

b.     Please allow ten (10) days for your refund to be processed.

8.     Limitation of Liability and Indemnity

a.   To the extent permitted by law, I accept no responsibility and exclude all liability to you on any basis (including negligence) for any loss or damage, however caused, which you may suffer in relation to Course, this Website or your reliance on my recommendations.

b.   Any liability under any statutory right (including any condition or warranty implied by law or any guarantee or other right under any statute) that cannot be excluded is limited to the resupply of any Product or the Course or the payment of the reasonable cost of same.

9.     Intellectual Property

a.     Unless otherwise indicated, I own or have the rights to use all intellectual property, including copyright, design rights and trade marks, in the Website, Content, Course and Products.

b.     You must not in any way copy, reproduce, publish, communicate or adapt the Website, Content, Course and Products without my prior written consent.

c.     I reserve all rights in relation to all intellectual property.

10.  Final Words

a.     I may, in my absolute discretion, change these terms and conditions from time to time without notice to you.

b.     Parts of this Website may not be updated regularly and may therefore be out of date.

c.     Details of how I collect, use and disclose your personal information is contained in my Privacy Policy and forms part of these terms and conditions.

d.     If any part of any of these terms and conditions is void, then the part that is void may be severed.

e.     These terms and conditions, your use of this Website, your participation in the Course and any dispute arising out of these are governed by the laws of the State of Victoria, Australia.

Last update: 22nd September 2020