Terms & Conditions
This agreement applies as between you, the User of this Website and Virtual Praxis, the owner of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
1. Definitions and Interpretation
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that Virtual Praxis makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Virtual Praxis proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place of business located at address: Level 5, 24 Davey Street, Hobart, Tasmania, 7000, AUSTRALIA.
"System": means any online communications infrastructure that Virtual Praxis makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User / Users": means any third party that accesses the Website and is not employed by Virtual Praxis and acting in the course of their employment;
Website: means the website that you are currently using (www.resiliencecoach.com.au) and any sub-domains of this site (e.g. subdomain.resiliencecoach.com.au) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Virtual Praxis, a business registered by ASIC with ABN 35 822 330 170 of Level 5, 24 Davey Street, Hobart, Tasmania, 7000, AUSTRALIA.
2. Age Restrictions
3. Business Customers
4. Intellectual Property
• 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
5. Third Party Intellectual Property
• 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Content and Intellectual Property
- 6.1 This Website contains information in the form of health and wellbeing a variety of user-generated content. All material is provided as an information service only and should not be relied upon as a substitute for medical or other professional advice. Neither Virtual Praxis or Our associates accept any responsibility for the accuracy of any information contained in this Website or its applicability in the specific circumstances of any user or member.
- 6.2 Virtual Praxis courses do not give any specific or tailored medical, health, welfare or counselling advice. Each user or member must individually assess whether any information on the Website is appropriate, in the light of his/her individual circumstances, to act upon the relevant information.
- 6.3 Courses are designed for workers and companies in Australia. Anyone undertaking a course must individually assess whether any information on the Website is appropriate, in the light of his/her individual circumstances, scope and context of practice or employment (including local policies and practices which may change from time to time), to act upon the relevant information.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Virtual Praxis or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.virtualpraxis.com.au without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at [email protected] or call us in the following number: +61 (0) 473 912 790
9. Use of Communications Facilities
- 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 9.1.1 You must not use obscene or vulgar language;
- 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 9.1.3 You must not submit Content that is intended to promote or incite violence;
- 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 9.1.6 You must not impersonate other people, particularly employees and representatives of Virtual Praxis or Our affiliates; and
- 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
- 9.2 You acknowledge that Virtual Praxis reserves the right to monitor any and all communications made to Us or using Our System.
- 9.3 You acknowledge that Virtual Praxis may retain copies of any and all communications made to Us or using Our System.
- 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
- 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
- 10.1.1 all information you submit is accurate and truthful;
- 10.1.2 you have permission to submit Payment Information where permission may be required; and
- 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation of Accounts
- 11.1 Either Virtual Praxis or you may terminate your online Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
12. Services, Pricing and Availability
- 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Virtual Praxis correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
- 12.2 Where appropriate, you may be required to select the required Plan of Services.
- 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
- 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
- 12.6 Unless stated otherwise all prices on the Website are in Australian Dollars
- 12.6 Virtual Praxis is not registered for GST therefore all prices on the Website do not include GST.
13. Orders and Provision of Services
- 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Virtual Praxis and you.
- 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
- 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
- 13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
- 13.2.3 Relevant times and dates for the provision of the Services;
- 13.2.4 User credentials and relevant information for accessing those services.
- 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
- 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
- 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
- 13.6 Virtual Praxis shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice. All reasonable steps have been taken to maintain accuracy and currency of educational content contained in online courses. Should a User become aware of any inaccuracy or deficiency with regards to the content of any course please feel free to contact Us as outlined in C
- 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working
- 13.8 Additional terms and conditions
may apply to the provision of certain Services. You will be asked to read and
confirm your acceptance of any such terms and conditions when completing your
- 13.9 This includes clients wishing to purchase individual or group coaching sessions will be required to sign a separate coaching agreement an example of which can be viewed here.
14.Cancellations & refunds
We want you to be completely satisfied with the Products or Services you order from Virtual Praxis. If you need to speak to us about your Order, then please contact customer care on +61 (0) 473 912 790, or by email at [email protected] or write to us at our address (see section 1 above).
14.1 Session Cancellations Individual and group coaching
If you do not give at least 24 hours notification that you cannot attend any individual coaching session (in-person or telehealth) OR any in-person workshop your session, a cancellation fee will apply, equivalent to the value of the missed session.
14.2 Withdrawal Fees
Return or refunds for Goods are not available if you change your mind about your purchase.
Clients choosing to withdraw from a program for reasons other than those listed under Refunds will forfeit a portion of their program fee as follows:
• Online programs in accordance with website terms and conditions refunds will not be provided
• In-person workshops withdrawal up to 7 days before the advertised start date – withdrawal fee is equal to the program deposit. Where no deposit has been applied then then the withdrawal fee is equal to the workshop fee.
• Withdrawal after commencement of the advertised start date – withdrawal fee is equal to the full program amount.
You are entitled to a refund, credit or repair for Goods purchased from Dr Debra Carnes (trading as Virtual Praxis) in these circumstances:
• If the goods are NOT of merchantable quality - a basic level of quality that would be reasonable to expect;
• If the goods don't match the description given when ordered.
- you are able to provide support for a medical condition or personal circumstance that impacted your ability to attend the course/workshop/coaching session (eg provision of a medical certificate)
14.4 Problems or questions
If Dr Debra Carnes (trading as Virtual Praxis) becomes aware of any ongoing concerns or problems concerning our practices, we will take these issues seriously and work to address these concerns.
If you have any further queries relating to this Policy, or you have a problem or complaint, please contact us by email as per the address provided above.
14.4 Future changes
Dr Debra Carnes (trading as Virtual Praxis) is growing and may change from time-to-time. As a result, our policies will be reviewed and may be revised from time to time. We therefore reserve the right to amend this Policy at any time, without notice, within the bounds of the relevant Acts mentioned previously in this policy.
16. How We Use Your Personal Information (Data Protection)
- 16.1 All personal information
that We may collect (including, but not limited to, your name and address)
will be collected, used and held in accordance with the provisions of the Privacy Act 1988 (Commonwealth) and the Personal Information and Protection Act 2004 (Tasmania) and you r rights under these Acts.
- 16.2 We may use your personal information to:
- 16.2.1 Provide Our Services to you;
- 16.2.2 Process your payment for the Services; and
- 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
• 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
By using our services, you agree that Virtual
Praxis is not to be held liable for any decisions you make based on any
of our services or guidance and any consequences, as a result, are your own.
Under no circumstances can you hold resiliencecoach.com.au
liable for any actions you take nor can you hold us or any of our employees
liable for any loss or costs incurred by you as a result of any guidance,
advice, coaching, materials or techniques used or provided by Virtual Praxis.
All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and resiliencecoach.com.au takes no responsibility for your actions, choices or decisions.
- 17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
- 17.5 In relation to health and wellness coaching services:
Any information or guidance provided by Dr Debra Carnes (trading as Virtual Praxis) is not a substitute for the consultation, diagnosis, and/or medical treatment of your doctor or healthcare provider.
• You must not rely on any information or guidance we provide you with as an alternative to medical advice from your doctor or healthcare provider.
• Dr Debra Carnes (trading as Virtual Praxis) expressly disclaims all responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered by you or any third party as a result of your reliance on any information or guidance we provide you with.
• If you have any specific questions or concerns about any medical matter, you should consult your doctor or healthcare provider as soon as possible.
• If you think you may be suffering from any medical condition, you should seek immediate medical attention from your healthcare provider.
• You are strongly advised not to delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information or guidance we provide you with.
• Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law.
18. Changes to the Facilities and these Terms and Conditions
You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Website
- 19.1 The Website is provided “as is” and on an “as available” basis. Virtual Praxis uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
- 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 20.2 Nothing in these Terms and Conditions excludes or restricts Virtual Praxis’s liability for death or personal injury resulting from any negligence or fraud on the part of Virtual Praxis.
- 20.3 Nothing in these Terms and Conditions excludes or restricts Virtual Praxis’ liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
22. Previous Terms and Conditions
23. Third Party Rights
- 24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 7 business days after posting if sent by regular post, 5 business days if sent priority post, 2 business days if sent Express Post to an address covered by the national next business day delivery network, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- 24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
25. Law and Jurisdiction
This agreement and this website are subject to the laws of Tasmania and Australia. If there is a dispute between you and Virtual Praxis that results in litigation then you must submit to the jurisdiction of the courts of Tasmania.