Terms of Use

2. Our services and important health information

2.1 Our courses teach skills based on mindfulness and cognitive behavioural approaches, including mindfulness-based therapy for insomnia and cognitive behavioural therapy for insomnia (CBT-I). Our courses cover topics including sleep, stress and perimenopause.

2.2 Our online courses and live group sessions are educational. They provide general information and skills training, and do not take your individual circumstances into account. They are not a substitute for diagnosis or treatment by a doctor or other qualified health professional. Any screening questionnaires in our courses help you reflect on your symptoms; they are not a diagnosis.

2.3 Sleep problems, low mood, anxiety, fatigue and menopausal symptoms can be caused by physical illness or medication. We recommend you see your GP to rule out other causes before starting a course.

2.4 Our courses are not suitable for you if you:

• are currently experiencing depression, moderate to severe anxiety, flashbacks, psychosis or another acute mental health problem;
• are pregnant, or are the parent of a young infant (the sleep recommendations in our courses are not designed for your sleep and rest needs); or
• have epilepsy or another seizure disorder, bipolar disorder, or untreated sleep apnoea, as some sleep techniques may not be safe for you;
• you are under 18

2.5 If you have a history of anxiety, depression, trauma, post-traumatic stress disorder, psychosis or another mental health condition, please talk to your doctor or mental health professional before starting a course. Stop any practice that causes you significant distress, and seek support.

2.6 Health professionals are welcome to contact us at info@amindfulway.com.au to discuss whether our courses suit their patients.

2.7 If you need urgent help: our Services are not a crisis service. If you are in immediate danger, call 000. For 24-hour crisis support, call Lifeline on 13 11 14.

3. Eligibility and your account

3.1 You must be 18 or older to use our Services.

3.2 Our Services are designed for people living in Australia.

3.3 Your account is for your personal use only. Please keep your login details secure and do not share your account or course materials with anyone else. Tell us promptly if you think someone else has accessed your account.

3.4 Please make sure the information you give us is accurate and up to date.

 

4. Free trial, payments and refunds

Free trial and payment plan

4.1 Some of our courses offer a 14-day free trial. During the trial you can access the first two weeks of content.

4.2 You must enter your payment details to start the trial. If you do not cancel before the trial ends, you will be enrolled in the full course and charged 5 weekly payments of AUD $99.40 (total AUD $497.00, including GST). The first payment is taken when the trial ends, and the remaining payments are taken at weekly intervals after that.

4.3 We will email you a reminder before your trial ends. You can cancel your trial at any time before it ends by completing the contact form and telling us you would like to cancel the trial or emailing us at info@amindfulway.com.au. If you cancel during the trial, you will not be charged.

4.4 The payment plan is a way of paying for the course in instalments; it is not a subscription. Once the trial ends and you are enrolled, you agree to pay the full course price of AUD $497.00. Cancelling or stopping using the course does not cancel the remaining payments.

4.5 If a payment fails, we will let you know and try again. If payment is not made within 7 days, we may pause your access to the course until the outstanding amount is paid.

One-off purchases

4.6 Some courses and resources can be bought outright for a single payment. The price and what is included are shown on the sales page at the time you buy.

How payments are processed

4.7 Payments are processed securely by our payment provider, Stripe, through our course platform, Kajabi. We do not store your full card details. Prices are in Australian dollars.

Course access

4.8 Once enrolled, you will have access to your course for 12 months from the date you enrol. Some course content is released progressively over the course.

Refunds

4.9 We offer a free trial so you can decide whether a course is right for you before paying. For this reason, we do not offer refunds for change of mind once your trial has ended and you are enrolled, or once you have made a one-off purchase.

4.10 This does not affect your rights under the Australian Consumer Law. Our Services come with guarantees that cannot be excluded, including that they will be provided with due care and skill and will be reasonably fit for any purpose we told you about. If we do not meet these guarantees, you may be entitled to a remedy, such as having the problem fixed or a refund.

4.11 If something goes wrong (for example, you cannot access your course because of a technical problem on our side), please contact us at info@amindfulway.com.au and we will work with you to fix it.

5. Live group sessions and individual sessions

Live group sessions

5.1 Some courses include live group sessions held online. We will tell you the dates and times in advance. We may need to reschedule a session occasionally; if we do, we will give you as much notice as we can and, where possible, provide a recording or an alternative session.

5.2 Please be respectful of other participants and keep anything others share in a group session confidential. Do not record group sessions yourself. If we record sessions, we will tell you beforehand and only share recordings with course participants.

5.3 Group sessions are educational and are not individual therapy or treatment.

Individual sessions

5.4 Individual sessions are provided by psychologists at Avoka Health & Sleep Psychology (avokahealth.com.au). You will be referred to this business for this service for individual sessions. Please refer to the Avoka Health website for information on fees, session bookings, and cancellations. 

 

6. Using our websites

6.1 You must not:

• use our websites or Services for any unlawful purpose;
• interfere with, or try to interfere with, how our websites work, or introduce viruses or harmful code;
• use automated tools to access, copy, scrape or index our websites or course content;
• remove or alter any copyright or other notices; or
• post anything offensive, misleading or unlawful, or use our websites to send spam or promote competing services.

6.2 We may suspend or close your account if you seriously or repeatedly breach these terms. Before doing so, we will contact you to explain the problem and give you a chance to fix it, unless the breach is serious enough to need immediate action.

6.3 We may occasionally need to make our websites unavailable for maintenance or updates. We will try to keep this to a minimum. If we stop offering a course you have paid for before your access period ends, we will give you a pro-rata refund for the remaining period.

7. Intellectual property

7.1 All content in our websites and courses, including text, audio, video, meditations, worksheets and graphics, belongs to us or our licensors.

7.2 We give you a personal, non-transferable licence to view, download and print course materials for your own personal use while you have access to the course. You must not copy, share, sell, adapt or distribute our content, or use it with clients or in your own programs, without our written permission.

7.3 We may end this licence if you breach these terms.

8. Liability

8.1 We take care to make sure our content is accurate and based on current evidence. However, it is general information, and we cannot guarantee it will be suitable for your circumstances or produce any particular result.

8.2 You are responsible for deciding whether our Services are right for you, taking into account the health information in section 2 and any advice from your health professionals.

8.3 Subject to your rights under the Australian Consumer Law, and to the extent permitted by law:

• we are not liable for any indirect or consequential loss, or for loss caused by your use of our Services against the guidance in section 2; and
• where a consumer guarantee is not met and the law allows us to limit our liability, our liability is limited to supplying the Services again or paying the cost of having them supplied again.

8.4 Our websites may link to other websites. We are not responsible for the content or privacy practices of those websites.

9. Privacy

9.1 We collect and handle your personal information, including any health information you share with us, in line with our Privacy Policy. It explains what we collect, how we use it, and how you can access or correct it.

9.2 Our course platform (Kajabi) and some of our other service providers store information in the United States. By using our Services, you consent to your information being stored and processed overseas as described in our Privacy Policy.

10. General

10.1 Changes to these terms: we may update these terms from time to time. We will post the updated terms on our website and, if a change significantly affects customers with an active course or payment plan, email you at least 14 days before it takes effect. Changes will not increase the price of a course you have already enrolled in.

10.2 Governing law: these terms are governed by the laws of New South Wales, Australia.

10.3 Severability: if any part of these terms is found to be invalid or unenforceable, the rest of the terms continue to apply.

10.4 Complaints: if you have a concern about our Services, please email us first so we can try to resolve it. We aim to respond within 10 business days. You can also contact your local fair trading agency, or, for privacy complaints, the Office of the Australian Information Commissioner (oaic.gov.au, 1300 363 992). If your concern relates to individual sessions provided by a registered health practitioner, you can also contact the Health Care Complaints Commission (NSW) or AHPRA.

11. Contact us

A Mindful Way Training ABN 99 218 751 591

Email: info@amindfulway.com.au