Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you use our Services are set out below:

* We offer a membership service, and by placing an order for Membership with us, you are agreeing to order products from us on an ongoing basis. A minimum term applies to your Membership, as set out in your account;

*We may need to change the Price from time to time. If we change the Price, we will provide you with 30 days notice of the change. After 30 days, we will apply the new Price to your existing payment details for all future orders. If you do not agree with the new Price, you may cancel your subscription in accordance with these terms;

* Our liability under these terms is limited to the price paid by you for the products the subject of the relevant claim, and we will not be liable for consequential loss;

* We may amend these Terms at any time by publishing updated terms on our Site.

Nothing in these terms limit your rights under the Australian Consumer Law.

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DISCLAIMER

We and our Personnel are not medical practitioners or psychologists, and do not give medical advice, treatment or diagnoses. You acknowledge and agree that nothing in the Services we provide may be taken to be medical advice, treatment or a diagnosis by us or our representatives, nor are they intended to be a substitute for consulting a medical practitioner.

You acknowledge and agree that you should always speak with your doctor or other healthcare professional if you require medical support. If you or someone you know is experiencing suicidal thoughts, you should contact a medical professional, or call Lifeline on 13 11 14.

While we use reasonable attempts to ensure the accuracy and completeness of the Content on our Platform, to the extent permitted by law, we make no representation or warranty regarding such Content. We may update the Content at any time but cannot guarantee that the Content is accurate and up to date at all times.

You acknowledge and agree that our Services and the Content on our Platform may not consider all of your personal attributes, specific needs, medical conditions or circumstances, and in some cases may not be accurate or suitable for you. You confirm that you are healthy and fit to use our Services and the Content. If you have any doubt, you should check with a medical or health practitioner.

Our Services provide you with information and resources to help you relax, and deal with stress, but we make no guarantees of any specific result over time from the use of our Services or the Content.

We do not promise that our Platform will be error-free or uninterrupted. The Platform and Content is delivered on an “as-is” and “as-available” basis and is reliant on our third-party website providers.

To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any Content or our Services.

1. Acceptance

1.1. Welcome to Rageheart! We offer a range of free and paid resources and self-help content (Content), and life coaching services (together the Services) to help you deal with stress, and help regulate your autonomic nervous system.

1.2. Our Services are available through our website (Platform).

1.3. By accessing or using our Platform, or clicking “I accept”, you:

(a) confirm to us that you have reviewed these Terms and Conditions, including our Privacy Policy (available on the Platform) (Terms); and

(b) agree to use the Platform in accordance with the Terms.

1.4. You must be at least 18 years old to use the Platform.

1.5. In these Terms, we, our or us means Drop Dead Freedom Pty Ltd trading as Rageheart (ABN 78 647 438 435).

2. Free Course Access

2.1. You may sign up to receive access to our free course materials by entering your email address on our website.

2.2. When you sign up to receive access to these materials, you agree to be bound by these Terms.

2.3. At the end of your free course, you may choose to sign up to our Membership, which is governed by these Terms.

3. Signing up to Rageheart

3.1. To benefit from our Services, you will need to create an account on our Platform.

3.2. You must provide basic information when registering for an account including your name and email address and you must choose a password.

3.3. You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.

3.4. You are responsible for keeping your account details and your password confidential and you will be liable for all activity on your account, including purchases made using your account details. You agree to immediately notify us of any unauthorised use of your account.

4. Fees

4.1. You may access our membership for access to the Platform and certain resources on Rageheart (Membership). To access Membership, you must pay the fee for your Membership which is set out on the Platform (Membership Fee).

4.2. The Membership Fee will be charged upfront on the calendar day corresponding to the day when you purchased a Membership (Payment Date). In some cases, your Payment Date may change, for example, if payment is unable to be processed.

4.3. Membership automatically continues until cancelled in accordance with the cancellation clause below.

4.4. We may modify the Membership Fee from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. The notice may be provided at any time via email or via notification to your account. If you do not agree to the price change, you may cancel your Membership in accordance with the cancellation clause below.

4.5. If the payment of the Membership Fee has not been made on the Payment Date, we may, in our sole discretion, suspend or terminate your Membership and account in accordance with these Terms.

5. General payment terms and renewal of Membership

5.1. All payments (the Fees) must be made via one of the payment methods set out on the Platform including our payment processor, currently Stripe, and Paypal (please note the payment processor may change from time to time). Payment of any amounts using a payment processor may be subject to the payment processor’s terms and conditions.

5.2. You authorise us to debit your Membership Fee on each relevant Payment Date as long as the Membership is ongoing, in accordance with the above payment clauses.

5.3. Your Membership will renew automatically for an additional period equal in length to the expiring Membership term at the time of each renewal, until you cancel it in accordance with clause 5.5.

Cancellations

5.4. You may cancel your Membership at any time by emailing us at the address at the end of these terms. The cancellation will apply to the next Membership period if you cancel your Membership at least [7 days] before the next Payment Date.

5.5. If you cancel in accordance with this clause, you will retain access to the Services for the remainder of the Membership period.

5.6. We do not provide refunds for any unused portion of the Membership.

6. Additional Services

6.1. We may offer additional Services to you, including but not limited to individual life coaching sessions via video conferencing.

6.2. If you choose to engage us for these additional Services, you will be able to book consultations through the Site or by any other means agreed between the Parties.

6.3. We may, at our absolute discretion, accept or reject a request for Services. We will endeavour to notify you of a rejection within a reasonable time of you making your request.

6.4. Once we accept your booking request, we will send you a link with instructions for full payment upfront of the additional Services.

6.5. Once we have received confirmation of your Payment for the additional Services, we will send you a confirmation email to confirm the time and provide you with a link to the video conferencing software for the consultation and a Consultation is made.

6.6. Every consultation is subject to, and will be governed by, these Terms and any other conditions agreed to by the Parties.

6.7. If you wish to cancel your booking for additional Services, you may reschedule a scheduled consultation by providing us with [24 hours] notice. If you wish to cancel a consultation for supply of the additional Services, there will be no refund of the purchase price.

6.8. It is your responsibility to check the features of the Membership you are purchasing, including the pricing, description, inclusions and other details before you make a purchase through the Platform.

6.9. To the extent permitted by law, once paid, Fees are non-refundable.

6.10. Unless otherwise stated on the Platform, all Fees are set out on the Site and are inclusive of GST, if applicable.

6.11. You acknowledge and agree that you must have sufficient funds in your selected payment account in order to pay the Fees and any other amounts due and payable. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.

6.12. You must not pay, or attempt to pay, any fees by fraudulent or unlawful means.

6.13. It is your responsibility to provide valid payment details and ensure that your payment details are up to date. You may update these at any time by contacting us at the details provided below.

6.14. If any payment is not made in accordance with these Terms, we may (at our absolute discretion): (1) immediately cease providing you with access to the Platform and recover, as a debt due and immediately payable from you, our additional costs of doing so; and/or (2) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with these Terms.

7. Intellectual property

7.1. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to our resources including our written content, videos, webinars, seminars, guides, tools, tips and email communication with us or other materials (including in connection with the Terms, the Platform and our Services) will at all times vest, or remain vested, in us. Our intellectual property described in this clause and the User Content is referred to in these Terms as Content.

7.2. We give you a limited, revocable, non-transferable licence to use, for your personal use, the Content we provide to you as part of our Platform or our Services.

7.3. This clause will survive termination of these Terms.

8. Prohibited conduct

8.1. You must not access or use the Platform, the Content or our Services except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights on the Platform. Without limiting the foregoing provisions, you must not and must not permit any other person to:

(a) reveal your account password;

(b) resell, assign, transfer, distribute or provide others with access to the Platform or any Content from the Platform (including publishing or posting our Content on any other website or on social media pages);

(c) “frame”, “mirror” or serve any of the Platform on any web server or other computer server over the Internet or any other network;

(d) copy, alter, modify, create derivative works from, reproduce to a third party, reverse assemble, reverse engineer, reverse compile or enhance the Platform or any resources from the Platform;

(e) alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the Platform or any resources from the Platform;

(f) use the Platform or any resources from the Platform in any way which is in breach of any applicable local, state, federal and international laws and regulations or which infringes any person's rights, including intellectual property rights;

(g) use the Platform to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;

(h) use the Platform in any way that damages, interferes with or interrupts the supply of the Platform;

(i) introduce malicious programs into our hardware and software or our hardware, software and services which are integrated and operate together, including our networks, including viruses, worms, trojan horses and e-mail bombs;

(j) use the Platform to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);

(k) use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Platform or any resources from the Platform;

(l) send any unsolicited email messages through or to users of the Platform in breach of the Spam Act 2003 (Cth) or send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Platform in breach of any person’s privacy (such as by way of identity theft or “phishing”); or

(m) use the Platform to circumvent user authentication or security of any of your networks, accounts or hosts.

8.2. This clause will survive termination of these Terms.

9. Limitations

9.1. Despite anything to the contrary, to the maximum extent permitted by law:

(a) our maximum aggregate liability arising from or in connection with the Terms will be limited to, and must not exceed, the portion of the Fees paid by you to us; and

(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

9.2 Despite anything to the contrary, to the maximum extent permitted by law, and without excluding your Statutory Rights, we will not be liable for, and you waive and release us from and against any Liability caused or contributed to by, arising from or connected with:

(a) your acts or omissions;

(b) any use or application of the Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;

(c) any works, services, goods, materials or items which do not form part of the Services (as expressed in these Terms), or which have not been provided by us;

(d) any third parties or any goods and services provided by third parties, including Third Party Applications, customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Services may be contingent on, or impacted by;

(e) unavailability or errors in the Platform, or any delay in us providing the Services to you, for whatever reason;

(f) any event outside of our reasonable control; or

(g) the failure to receive any specific outcome or benefit with respect to our Services or the Content.

9.3 This clause will survive termination of these Terms.

10. Australian Consumer Law

10.1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms attempts to exclude, restrict or modify your Statutory Rights as a consumer under the ACL.  Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

10.2. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

(a) to cancel your service contract with us; and

(b) to a refund for the unused portion, or to compensation for its reduced value.

11. Termination

11.1. We may monitor your use of the Platform to determine if you are in breach of these Terms (including by checking the time of access and IP addresses used to access the Platform).

11.2. We may immediately suspend, terminate or limit (at our discretion) your access to and use of the Platform if we reasonably suspect, including as a result of our monitoring of your use of the Platform, that you are in breach of these Terms and the breach cannot be remedied or is not remedied within 5 New South Wales’ business days of us notifying you of the breach or suspected breach.

12. Collection Notice

12.1. We collect personal information about you in order to provide you with our Services (i.e your name, email address, phone number and other information to enable you to access and use our Platform), to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

12.2. We may disclose that information to third party service providers who help us deliver our Platform including information technology service providers, data storage, web hosting and server providers, professional advisors, payment systems operators and our business partners or as required by law. If you do not provide this information we may not be able to provide our Services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
12.3. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
12.4. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

13. General

13.1. This clause will survive termination of these Terms.

13.2. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

13.3. No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.

13.4. Competitors: You are prohibited from using our Platform, including the Content, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

13.5. Variation: We may modify these Terms from time to time by notifying you by email with at least 30 days’ notice. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you may terminate the Agreement before your next Payment Date.

13.6. Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your account. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 4 New South Wales business days in the case of post, or at the time of transmission in the case of email.

13.7. Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

13.8. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

13.9. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

13.10. Governing law: These Terms are governed by the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Platform may be accessed in Australia and overseas. We make no representation that the Platform complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Platform.

For any questions and notices, please contact us at:

Drop Dead Freedom Pty Ltd t/as Rageheart (ABN 78 647 438 435)

Email: john@rageheart.co

Last update: 14 September 2021

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