Terms & Conditions
Terms & Conditions
Welcome to The Simplify Way. This website (Site) is operated by us. On our Site you can:
- Book one on one coaching services (1:1 Services)
- Sign up for group programs (Group Programs)
- Sign up for events, which may be held in person or online (Events)
- Sign up to gain access to our member pltform (Member Platform) and/or
- Access content, including purchasing and downloading our mentoring, guidance and coaching content and resources (Downloadables),
In these Terms, when we say you, or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us and our, we mean Lucy Ruth Weatherburn trading as The Simplify Way (ABN 62 677 974 262 ).
These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these terms.
For any questions about these Terms, or to get in touch with us, please email: lucy@thesimplifyway.com.
Site Disclaimer:
All content on our Site is for general informational purposes only. It is not intended as and should not be constructed as personalised advice. The content is general in nature and does not account for individual circumstances. Our content is not a substitute for professional, counselling or medical advice, and any decisions you make based on our content are at your own risk. By using our Site and Membershop Platform, you acknowledge that you are not receiving personalised advice and will not interpret or use our content as such.
Coaching Disclaimer:
By accepting these Terms, you acknowledge and agree that:
- We do not guarantee any specific outcome from engagement with our coaching services (1:1 Coaching and Group Programs)
- The effectiveness and success of our coaching services depends largely on your willingness to take active participation in, and responsibility for, the process
- Our coaching services are most effective when both parties are candid, open and honest and straightforward in our communication and engagement;
- If you are experiencing any significant mental health concerns (including, but not limited to, depression) or are on any state or mood-altering prescribed medications, we may request that you provide written confirmation from your medical practitioner that our coaching services are appropriate for you;
- You understand that our coaching services are not in any way intended to be medical advice, counselling or any type of therapy, treatment or diagnosis. Our Services are not intended to imply that any methods, remedies or information provided should be used for therapeutic purposes. The information provided by us is intended to assist you with managing your personal goals and development but should not be substituted for medical advice by a medical professional; and
- Our coaching services are not a substitute for professional, legal, medical, financial, business, spiritual or other advice provided by qualified professionals and it is you responsibility to seek independent advice where relevant.
OUR DISCLOSURES
Please read these Terms carefully before you accept. We draw your attention to:- Our privacy policy (on our website) which sets out how we will handle your personal information;
- Clause 1.3 and 1.4 (Variations) which sets out how we may amend these Terms;
- Clause 4 (1:1 Services), which sets out important information about 1:1 Services, including whether you can cancel your or reschedule your appointments;
- Clause 5 (Group Programs) which sets out important information about Group Programs, including whether you can cancel your or reschedule sessions;
- Clause 6 (Events) which sets out important information about your Membership, including whether you can cancel your Membership ad whether your Membership auto-renews; and
- Clause 8 (Membership) which sets out important information about your Membership, including whether you can cancel your Membership and whether your Membership auto-renews; and
- Clause 15 (Liability) which sets out exclusions and limitations to our liability under these terms.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
1. Engagement and Term
1.1 You accept these Terms by making an Appointment or purchasing any of our Services.
1.2 You must be at least 18 years old to use our Site.
1.3 Subject to clause 1.4, we may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Services after 30 days notice, you agree to the amended Terms. If you do not agree to the amendment, you should stop using our Site and Services and you may close your Account and cancel your Membership with effect from the date of the change in these Terms by providing written notice to us. If you cancel your Membership you will no longer be able to access our Member Platform on and from the date of cancellation.
1.4 Updated Terms will not apply to Events, Group Programs and 1:1 Services that you have already purchased.
2. Our Services
2.1 Subject yo your compliance with these Terms, you may purchase and schedule Services through the site. We set out more details about each of our Services below.
2.2 Our Services do not constitute, and are not a substitute for, medical, financial, legal or risk management advice.
2.3 We will not be responsible for any other services unless expressly set out in these Terms or on our Site.
2.4 Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).
2.5 Third Party Products or Services: Where you engage third parties to operate alongside our Services (for example, any third-party software systems you wish to integrate with our Site), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise under clause 2.4.
3. Account
3.1 You must sign up for an Account in order to access and benefit from some parts of our Services (including our membership services).
3.2 While you have an Account with us, you agree to:
(a) keep your information up-to-date (and ensure it remains true, accurate and complete);
(b) keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
(c) notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.
4. Services
4.1 You may make an Appointment for a 1:1 Service, to be delivered online and as set out on the Site. You may book one Appointment, or, if permitted by us, we may offer you a container package, where you may upfront for multiple Appointments at once and may have access to additional services.
4.2 If you make an Appointment on our Site, you agree to pay the price listed on the Site at the time of making the Appointment, using the payment method set out on the Site. If you have a container with us that includes appointments then the Appointment will be considered one of your appointments.
4.3 You may cancel or reschedule an Appointment by providing 12 hours' notice to us. Cancellations or rescheduling requests made with less than 12 hours' notice may result in forfeiture of the session fee. You acknowledge that this is a genuine pre-estimate of any losses we may suffer as a result of your cancellation or rescheduling. There will be no refunds or rescheduling for missed Appointments.
4.4. We reserve the right to cancel or reschedule Appointments due to unforeseen circumstances, in whcih case we will provide you with as much notice as possible and offer alternative session times. If you cannot make an alternative time, we will offer you a refund.
4.5 You agree to conduct yourself in a respectful manner during all Appointments. This includes refraining form abusive language, disruptive behaviour, or any actions that may interfere with the 1:1 services.
4.6 You acknowledge and agree that:
a) The effectiveness and success of the 1:1 Services depends largely on your willingness to take active participation and responsibility for the process;
b) Our 1:1 services are most effective when both parties are candid open, honest and straightforward in our communications and engagement;
c) If you have experienced depression or are on any state or mood-altering medications, we may request that you provide written confirmation that our Services are appropriate for you and;
d) Our 1:1 Services are not a suitable substitute for professional, legal medical, financial, business, spiritual or other advice provided by qualified professionals and it is your responsibility to seek independent advice where relevant.
5. Group Programs
5.1 You may sign up for Group Programs as set out on the Site.
5.2 When you sign up to Group Programs, you agree to pay the price listed on the Site at the time you sign up, using the payment method set out on the Site.
5.3 You agree to attend the scheduled sessions on time. If you cannot attend a session in a Group program, you need to provide at least 12 hours' notice to us (and where possible, we will work with you to come up with an alternative session). there will be no refunds or rescheduling for missed sessions. We reserve the right to cancel or reschedule sessions due to unforeseen circumstances, in which case we will provide you with as much notice as possible and offer alternative session times. If you cannot make the alternative time, we will offer you a refund.
5.4 While we strive to provide comfortable environments, you acknowledge that the Group Programs involve sharing with other participants and you should only share information you are comfortable with them knowing.
6. Events
6.1 You may make a booking for an Event (Event Booking) via the Site.
6.2 When you make an Event Booking, you agree to pay the Price listed on the Site, using the payment method set out on the Site.
6.3 We reserve the right to cancel or reschedule Events due to unforeseen circumstances. In the case of the cancellation of an Event, we will provide you with a refund of the Price. If you miss the Event, you agree that you forfeit the Price paid for the Event.
6.4 You agree to follow our reasonable directions at the Event, and to comply with all applicable laws and regulations while participating in the Event.
6.5 We reserve the right to prohibit entry to any person to the Event or eject any person from the Event based on behaviour deemed inappropriate by us, or the venue staff, and others working under our authority including (without limitation) intoxication, inappropriate dress, offensive or abusive behaviour. You agree that you will not be entitled to a refund where you have been prohibited or ejected in accordance with this clause.
6.6 The Event will start at the start time and end at the end time as communicated to you. Where you choose to remain at the Event location or continue to socialise with other guests after the end time of the Event, you do so at your own risk and we accept no Liability for anything whcih takes place after the end time of the Event.
7. Ordering Downloadables
7.1 You may order Downloadables from us as set out on the Site. If you place an order for Downloadables on our Site, you are making an order to purchase the Downloadable(s) for the price listed on the Site.
7.2 It is your responsibility to check the order details, including the selected Downloadables and pricing, before you submit your order through the Site.
7.3 When you order and pay on the Site, a link to your Downloadabes will be made available to you on the screen and via email. If you have not received access to your Downloadables within 24 hours, please email us at lucy@thesimplifyway.com
8. Memberships
8.1 Once you have created your Account, you may choose a Membership.
8.2 The Memberships we offer will be set out on our Site, including details of each Membership’s features and limitations, Membership Fees and Membership Periods.
8.3 During your Membership Period, we grant you a right to use our Member Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person and will also be subject to the conditions of your Membership (as set out on our Site or in your Account).
8.4 During the Membership Period, you will be billed for the Membership Fees on a recurring basis, as set out on our Site (Billing Cycle).
8.5 Your Membership can be upgraded or downgraded at any time through your Account. Any upgrades to your Membership will take effect immediately (and you will be charged the difference between your current Membership and your new Membership on a pro-rata basis). Any downgrades to your Membership will take effect from the beginning of the next Billing Cycle.
8.6 You will be billed for any Membership Fees due at the beginning of each Billing Cycle. Our payments methods will be set out on our Site. If you choose to pay your Membership Fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out on our Site).
8.7 You must not pay, or attempt to pay, any Membership Fees by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account in accordance with your chosen Membership, and you confirm that you are either the holder or an authorised signatory of that bank account.
8.8 Cancellation: Your Membership continues for the Membership Period, and at the end of each Membership Period, provided you have paid all Membership Fees owing, your Membership will be automatically renewed for recurring monthly periods (each of which will be considered a Membership Period). If you wish to cancel your Membership, you may do so through your Account. Your cancellation will take effect at the end of your current Membership Period, and your Membership will not be renewed (meaning you will need to continue paying all Membership Fees due up until your current Membership Period ends).
8.9 Late Payments: If any Membership Fees are not paid on time, we may:
(a) suspend your access our Services (including access to our Member Platform); and
(b) charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.
Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
9. Use of the Site
9.1 You must not:
(a) access or use our Site in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
(b) interfere with or interrupt the supply of our Site, or an other person's access to or use of our Site;
(c) introduce any viruses or other malicious software code into our Site;
(d) use any unathorised or modified version of our Site, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unathorised access to our Site;
(e) attempt to access any data or log into any server or account that you are not expressly authorised to access;
(f) use our Site in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing concurrent use of a single user login, or time-sharing
(g) circumvent user authentication or security of any of our networks, accounts, or hosts or those of any third party; or
(h) access or use our Site to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
10. Availability, Disruption and Downtime
10.1 While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
10.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.
11. Intellectual Property and Data
11.1 We own all intellectual property rights in our Services (including our Site and the Downloadables). This includes how our Site looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Site and Downloadables.
11.2 We own or have licenses to all content displayed on our Site, including our Member Platform and Downloadables or provided to you as part of the Services (Content). You do not have any ownership rights in any Content provided as part of the Services, and you acknowledge and agree that:
(a) the Content is provided for informational and personal use purposes only;
(b) you may not resell, redistribute, reproduce, publish, circulate or commercialise the Content in their original downloaded format or in any modified form;
(c) you may not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Content;
(d) you may not use the Content in any manner that infringes the intellectual property rights or other rights of any person or entity;
(e) you may not use the Content for any illegal or unauthorised purpose; and
(f) any use of the Content not expressly permitted in these Terms is strictly prohibited.
11.3 You must not, unless expressly authorised by us or these Terms:
(a) circumvent or disable any content protection system or technical protection measure used in our Site or the Content;
(b) copy or modify, in whole or in part, any of the Content;
(c) reproduce, retransmit, distribute, disseminate, sell, publish broadcast or otherwise commercialise the Content to any third party; or
(d) breach, or allow any third party to breach, any intellectual property rights in the Content.
11.4 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
11.5 When you use our Services, we may create anonymised statistical data from your usage of our Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make your data or identity identifiable.
12. Downloadables Usage Rights
12.1 Subject to your compliance with these Terms and payment of acceptable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, download and use the Downloadables for your personal, non-commercial use only.
12.2 We reserve the right to monitor your use of the Downloadables to ensure compliance with these Terms. We may revoke or terminate your license to use the Downloadables at any time if you breach these Terms.
12.3 All intellectual property rights in the Downloadables remain our property or the property of our licensors. Nothing in these Terms transfers any ownership rights in the Downloadables to you.
12.4 If your Account or Membership is terminated for any reason, you must immediately cease downloading any Downloadables that you may have access to, however, you may retain and continue to use any Downloadables that you have already downloaded, subject to ongoing compliance with the usage restrictions in this clause 9.
13. Confidential Information and Personal Information
13.1 While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
13.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
13.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws.
13.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
13.5 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).
13.6 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us
14. Consumer Law Rights
14.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.
14.2 Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
14.3 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)). If our Site is not ordinarily used for personal, household or domestic use, our liability for a breach of your Consumer Law Rights is limited to either resupplying our Services, or paying the cost of having our Services resupplied.
15. Liability
15.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with
(a) your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or
(b) any use of our Services by a person or entity other than you.
15.2 regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
(a) neither we or you are liable for any Consequential Loss;
(b) a party's liability for any Liability under these Terms will be reduced proportionally o the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate loss;
(c) (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
(d) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us in respect to the supply of the relevant Services to which the Liability relates, or if you have not purchased Services from us, to AU$1000.
16.1 We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Site). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.
16.2 We may terminate these Terms (meaning you will lose access to our Services, including access to your Account, and any Membership will be cancelled) if:
(a) you fail to pay any fees when they are due;
(b) you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
(c) you breach these Terms and that breach cannot be remedied; or
(d) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).
16.3 You may terminate these Terms if:
(a)m we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
(b) we breach these Terms and that breach cannot be remedied, and if you have paid Membership Fees upfront, you will be issued a pro-rata refund of any unused Membership Fees based on the portion of the then-current Membership Period remaining.
16.4 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 17.8), and if you have a Membership, termination will take effect at the end of your current Membership Period.
16.5 Termination of these Terms will not affect any other rights or liabilities that we or you may have.
17. General
17.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
17.2 Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If the Dispute is not resolved at that initial meeting:
(a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
(b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Brisbane, Queensland, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
17.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
17.4 Governing law: These Terms are governed by the laws of Queensland, and any matter relating to these Terms is to be determined exclusively by the courts in Queensland and any courts entitled to hear appeals from those courts.
17.5 Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
17.6 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
17.7 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
17.8 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
17.9 Survival: Clauses 9 to 14 will survive the termination or expiry of these Terms.
17.10 Third Party Sites: Our Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Site, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Site, or for featuring certain goods or services on our Site. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Site.
18. Definitions
18.1 In these Terms:
Account means an account accessible to the individual or entity who signed up to our Services.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of 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. However, your obligation to pay us any amounts for access to or use of our Services (including our Site) will not constitute “Consequential Loss”.
Downloadables means any digital files, resources, content, or materials made available for download through our Site, including but not limited to templates, guides, worksheets, e-books, audio files, or any other digital content that can be purchased, or accessed and saved by users with a valid Membership. Downloadables are subject to the usage restrictions and intellectual property provisions set out in these Terms.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Member Platform means our cloud-based platform that we provide you with access to as part of the Services.
Services means the services we provide to you, as detailed in clause 2.1
Membership means the Membership plan you have chosen through our Site, which you use to access certain features and benefits.
Membership Fees means the fees you pay to us to access your chosen Membership.
Membership Period means the duration of your Membership (such as monthly, annually, or as otherwise set out on our Site).
Updated: November 2024
