Program Terms

[last updated August 2022]

Thank you for your interest in Stress Sleep Success. We are delighted that you are interested in our programs and will do our best to help you feel a sense of calm, inspire your rejuvenation and transformation and evoke your feelings of peace, clarity and renewal.

Here are the terms on which we provide our programs. You agree to be bound by these program terms, our website terms of use https://www.stresssleepsuccess.com/website-terms, privacy policy https://www.stresssleepsuccess.com/privacy-policy, the Disclaimers on our website or programs, and any other documents we make available to you directly or publish through our website from time to time, collectively referred to as ‘terms’.

We encourage you to carefully read and understand these terms before signing up to our programs. If you do not agree with these terms, please do not purchase or use our programs.

When you read the words ‘Stress Sleep Success’, ‘we’, ‘us’ or ‘our’, they mean Hillfort Pty Ltd ABN 22 658 359 883, including our associates, officers, employees, agents, successors and assigns.

The words ‘participant’, ‘you’ or ‘your’ mean you, the participant in our programs.

The word ‘website’ collectively means https://stresssleepsuccess.com/ and includes our subscription programs, and all other digital or electronic platforms or forums we use, such as email and social media pages.

Updates

We may update these terms and will email the updated version to you if you are a subscriber at that time. Unless you advise us otherwise, updates will take effect 14 days after we email you the updates. We have included a ‘last updated’ date at the top of this document to help you keep track of any changes.

Feedback, comments or complaints

If you have any questions, please contact us via contact@stresssleepsuccess.com and we will usually respond to all enquiries within five business days. We welcome the opportunity to talk with you and address any concerns.

Disclaimer

The Stress Sleep Success Programs are provided for your education only. The stories included in the lectures are not based on actual people, patients or cases. Examples and stories are fictional and are only used, in good faith, to illustrate and clarify a concept. Any resemblances to actual persons, alive or dead, are purely coincidental.

You understand that these programs are no substitute for counselling or therapy, and do not prevent, diagnose, treat, or cure any mental disorder as defined by the DSM-V or ICD 10 or other medical condition.

The information is not personalised to you and is general only. Our programs do not provide tailored psychological or mental health services or advice relevant to your personal circumstances. Viewing or participating in the Stress Sleep Success Programs will not provide you with all the skills you require to independently care for yourself.

If you are concerned for your physical or mental health, we recommend you consult with a qualified health practitioner appropriate to your circumstances. Stress Sleep Success programs and coaching do not replace the advice of medical professionals and offer no guarantees for health and wellbeing results.

By participating the Stress Sleep Success Programs or coaching, you declare that you are responsible for your own physical and psychological health and believe you are fit to participate in the program or coaching purchased through our website. When participating in group programs, all participants are asked to respect the privacy and confidentiality of information being shared, however we have no control over what other participants may do with the information your share. Exercise your own judgement before sharing.

Any reliance on the information contained within the programs remains your risk. While every care is taken, Stress Sleep Success make no representations about the suitability, reliability, availability, timeliness, completeness and accuracy of anything provided in the online portal for any purpose. To the maximum extent permitted by applicable law, anything contained in the online portal is provided "as is" without warranty or condition of any kind.

Subscription and participation in the Stress Sleep Success Programs is not a guarantee you will experience favourable results or that your overall health and wellbeing will improve. You are responsible for your own decisions, choices, actions, and results when implementing any coaching into all areas of your life. You agree that Stress Sleep Success will not be liable for any action or inaction, or for any direct or indirect result of any programs or services that have been provided.

Stress Sleep Success is not affiliated with any particular psychological or medical practice and does not provide the Stress Sleep Success Program for the purpose of promoting or endorsing any particular medical practice.

If participation in the meditation sessions causes drowsiness, please do not operate a motor vehicle or heavy machinery.

Please do not share information about other people in your journal as this may compromise their right to privacy.

Our Programs and Coaching

We offer a variety of different subscription programs for purchase. Our programs are self-paced online programs designed to provide you with performance enhancing education for your own health and wellness. Our programs may include lectures, meditation and diaries or journals.

Our programs will be delivered through a combination of resources including lecture videos, written content, meditation videos, online participant journals.

It is your responsibility to access and make use of the materials we make available to you. Any unused component will expire at the end of your subscription.

We reserve the right to change or substitute program materials at any stage with alternatives that we believe will be of equal or greater value to you, or where circumstances require.

We also provide you with the opportunity to book one or more paid sessions with a qualified Health and Wellness Coach for additional support. Bookings can be made through the Booking tab on our website.

Making a purchase

When you purchase a Stress Sleep Success Program you make payment upfront for one month’s access, with automatic monthly renewal. There are no lock-in contracts or minimum terms. If you cancel your subscription in any month, your access will end at the end of your paid subscription period.

When you purchase a Coaching Session, payment is required before you can secure your booking.

We use third party payment platforms PayPal and Stripe to process payments. We do not directly receive or store your credit card or other financial information.

Unless otherwise stated, amounts shown on our website are in AUD.

You must be over 18 years of age to purchase our programs. The parent or guardian of a young person who wishes to purchase our education programs must complete the purchase details on behalf of the young person concerned and supervise all use the young person makes of our programs and social media platforms.

When making a purchase, you agree:

to provide true and correct details;
to keep your contact and payment details up to date;
to make any payments due associated with your purchase when they are due;
to keep any codes or passwords provided to you to facilitate access to our programs secure and confidential and not to share your access with anyone else;
to contact us if you believe that your access to the program may be subject to an unauthorised operation, account takeover or other type of fraudulent activity or security breach;
to accept electronic communications from us (you may unsubscribe from these at any time);
not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others participating in our program, or our staff.

Refunds

Refunds will be made in accordance with applicable consumer laws.

Due to the digital nature and immediate (after issue of your log-in information) access to our products, we do not offer refunds for our programs. You will retain access to the program content for a period of 1 month from the date of purchase.

We are not required to provide a refund or replacement if -

you change your mind or
you only access part of the program or
you don’t complete the program or
you don’t show up for a coaching session at the time you booked.

You can only choose a refund or exchange if a product has a major problem. This is when the product cannot be easily fixed and -

has a problem (within our control) that would have stopped someone from buying the program if they had known about it, or
is significantly different from the sample or description.

If the problem is not major, it is our decision whether we provide you with a replacement or a refund.

See our Booking and Cancellation terms below for information about refunds on coaching sessions.

Access to purchased programs

Purchasing a program gives you access to the program content and benefits for a period of 1 month from the date of purchase. Once your cancel your subscription, you will no longer have access to the content or benefits of the program at the end of that subscription period, including any journal or diary entries not previously downloaded by you.

Individual components of a program are not redeemable, transferable, or interchangeable.

You are responsible for your telecommunication, internet and equipment costs necessary to access the programs purchased by you.

You may access our programs on more than one device however, we use IP address tracking software that tracks the IP address of every device that accesses our paid content and the associated email address. If we suspect you have shared your log-in details and, as a result of our investigation, we reasonably determine you are in breach of these terms, without limiting any other rights we may have, we reserve the right to restrict your access with no refund of any payments, and may also prohibit you from future access.

Booking and Cancellation Terms

Programs - We reserve the right to suspend, terminate or cancel your access to any one or more of our programs if we believe that you are in breach of any of these terms.

You may cancel your subscription to any one or more of our programs at any time. You will continue to have access until the expiry of your subscription period. Cancellation of on program will not result in the cancellation of any other program to which you are subscribed.

Coaching - Payment is required to secure a time for your appointment with our Health and Wellness Coach.

When you book a coaching session, we secure that time for you, and it is no longer available for another person to book. For that reason, we do not provide refunds if you do not attend.

You may cancel a booking but will not receive a refund.

Direct Debit Authority

By agreeing to these terms, you request and authorise us to debit or charge your nominated account the program fee on each monthly anniversary of your date of purchase, until you cancel your access to that program.

Where a payment due date is not a business day, we may direct debit the payment on the business day immediately before or after the due date.

You are responsible for:

ensuring that your nominated account can accept direct debit requests;
ensuring the accuracy of your account details;
ensuring that there are sufficient clear funds available in your account on each payment due date;
immediately arranging for an appropriate substitute payment method if your account provider cancels the direct debit;
immediately notifying us in writing if there are any changes to your account (including transferring to another financial institution, or closure or suspension of your account) and providing us with appropriate replacement account details at least 72 hours before the next payment due date; and
verifying a change in your account details using any method we require, including confirming with us over the phone, or through two-factor authentication.

If a direct debit payment is rejected or fails for whatever reason, we will attempt to debit again and if the second attempt is unsuccessful, then:

we will contact you to arrange alternative payment. You must then immediately make payment to us directly;
you are responsible for any fees incurred by us including dishonour fees, bank charges and administration fees; and
we are authorised to debit your account at any time for any amounts due, until all payments are brought up to date.

We will keep your account details confidential in accordance with our privacy policy.

Intellectual Property

Stress Sleep Success owns the intellectual property rights in the contents of the website or has permission to use or display the material on the website.

Permission

You may only use our website content for your own personal use and not for any commercial purpose. Sharing our content without our prior written permission is expressly prohibited. You are expressly prohibited from copying our content for the purpose of creating your own programs or otherwise exploiting the content in any way.

Any content posted on our website by third parties are the responsibility of those third parties and may be subject to copyright. You must ask permission from the third party before using any of their content.

Infringement

If we believe you have infringed out intellectual property rights, we will contact you and ask you to stop. We reserve the right to take further action as required.

If you believe there is material on our website that infringes third party intellectual property rights, please contact us with sufficient information to enable us to determine who the owner of the intellectual property is. If we form the reasonable belief that there has been an infringement, we will remove the infringing content from our website.

Privacy

We exercise a high level of care in protecting your personal information and require any third parties we share your personal information with to do the same.

Our Privacy Policy sets out more details about how we handle your personal information. See our Privacy Policy here https://www.stresssleepsuccess.com/privacy-policy.

Limitation of Liability

We will not be liable to you or any other person for any damages whatsoever arising as a result of your use of our programs and or website in any way, subject to Australian Consumer Law.

Where warranties are implied by law, you acknowledge and agree that our total aggregate liability is limited at our discretion to the provision of our services again, or to a refund equal to the total amount paid by you for those services, even if that amount is zero.

This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of our website.

Health and Safety

you suffer any health issues that may be negatively affected by the program; or
are participating against the advice of your health practitioner.

We make all reasonable endeavours to ensure that the activities demonstrated in our programs are safe for use by people who have a good level of mental health.

Release, Disclaimer & Indemnity

By enrolling in the program, you acknowledge and agree that:

Stress Sleep Success will not be liable for any loss, damage or injury of any kind sustained by you whilst participating in our programs or any activities suggested by a program (collectively “Program Activities”). You participate at your own risk.
You RELEASE Stress Sleep Success from any and all liability for any loss, damage, injury or expense suffered by you or your next of kin, resulting from your participation in Program Activities or coaching.
You will INDEMNIFY and hold Stress Sleep Success harmless against any and all liability for personal injury, or property damage suffered by you or any third party as a result of your participation in Program Activities or coaching.
You ASSUME and ACCEPT all possible risks, dangers and hazards arising out of or associated with your participation in Program Activities or coaching including but not limited to personal injury, illness, negligence, economic loss or property loss, even if such risks are caused or contributed to by the negligence of Stress Sleep Success.
You release forever Stress Sleep Success from all and any responsibility or liability for any losses, claims or demands that may directly or indirectly occur as a result of you using the information obtained through the program or coaching, to the fullest extent permissible by law.

General Provisions

Notice - You may provide notice to us through the contact us page or otherwise by email addressed to ‘the Directors’ and sent to contact@stresssleepsuccess.com. We may provide notice to you via email or other electronic means.

Severability - If for some reason a clause of these terms is unenforceable, the rest of the terms will continue unaffected and that term will be severed.

Governing Law - These terms are governed by the laws of Queensland, Australia and you agree to be subject to the jurisdiction of the courts of Queensland if there was such a serious dispute between the parties.

Stress Sleep Success

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