1. Welcome to my Website.
The ‘Art of Nature Connection’ (ABN 35202381501) trading as ‘Touched by Nature’ (Touched by Nature, I, me, mine).
1.1 By using my website and my services, you (visitor, subscriber, customer, member, client, you, yours) agree to comply with my Terms & Conditions.
1.2 If you do not wish to be bound by any of my Terms & Conditions, please do not use my website and services.
1.3 Unless otherwise specified herein, my Terms & Conditions constitute the entire agreement between you and me (Touched by Nature) concerning your use of my services and your consequential use of my website.
1.4 I reserve the right to update and amend my Terms & Conditions without notice.
2. Applicable Law
My business is located in Queensland, Australia. My Terms & Conditions are governed by and must be construed in accordance with the Laws of the State of Queensland, Australia.
You hereby agree to submit to the exclusive jurisdiction of the Courts of Queensland and the Commonwealth of Australia (where applicable) in respect of all matters arising out of or relating to my Terms & Conditions.
3. Privacy Policy
Before you continue using my website, please refer to my Privacy Policy to gain an understanding of my user data collection practices.
4. Intellectual Property
All content on my Website belongs to Touched by Nature and I reserve all rights to protect my intellectual property as I deem appropriate.
5. Age Restriction
You must be at least 18 years of age, before you can use this website. In seeking to access my services and my website, you warrant that you are at least 18 years of age. Touched by Nature does not assume responsibility for liabilities related to age misrepresentation.
6. Intellectual Property and Copyright Notice
All images, content, materials, products, trademarks on this Website are copyrighted and owned by Touched by Nature, unless otherwise specified. All rights are reserved. Copying and/or distributing these images and/or content without my permission is strictly prohibited and constitutes a material breach of my Terms and Conditions. © Touched by Nature 2024.
7. Disclaimers
7.1 I make a reasonable effort to ensure that all content on my website and in my courses is accurate and up to date. However, I cannot and do not guarantee or warrant any liability about the accuracy, completeness and usefulness of the information.
7.2. Except to the extent provided by legislation, I assume no responsibility for the consequences of you using my content or the reliance on my content. Touched by Nature is not liable for any loss or damage incurred by you from using my content, directly or indirectly.
7.3 Please note that my courses, programs and personal services are for your personal development and do not lead to any formal accreditation, certification or qualification.
IMPORTANT MEDICAL/THERAPEUTICAL DISCLAIMER:
7.4.1. The content on my website, and in my courses, programs and personal services is not intended to be a substitute for professional medical or therapeutic advice, diagnosis or treatment. If you experience physical or mental health problems, please seek qualified medical professional help.
7.4.2. In particular, I emphasise:
a. that I am not a:
- Medical Practitioner;
- a Psychologist;
- a Counsellor; or
- an Allied Health Professional.
b. My services, products, courses and workshops are not intended to diagnose, treat, or cure any psychological or medical conditions. All information on my website, in social media and products, is for informational purposes only and not intended to be any form of medical advice or diagnosis. You are encouraged to consult with your healthcare provider or other professional care providers with any medical questions or concerns you may have.
7.4.3. In accepting these Terms and Conditions, you acknowledge your awareness that I do not possess or purport to possess medical qualifications and my courses are not a substitute for medical treatment.
7.5 “SUCCESS” DISCLAIMER
You are solely responsible for the outcomes in your own life. I make no representation, guarantee, or warranty that the courses, programs and personal services for which you are contracting will work for you in your particular circumstance. You agree to indemnify me for any damages incurred by you directly or indirectly as a result of coaching.
8. INDEMNITY
The tools shared by me are not intended to diagnose, treat, cure, or prevent any physical or psychological illness or mental health disorder. Consequently, her resources do not provide medical diagnoses nor do they offer cures. EFT and other modalities are considered complementary or adjunct treatment options; therefore, they do not replace health care treatment from medical professionals.
Emotional Freedom Techniques draws from acupuncture, cognitive reframing, exposure therapy, and other time-honoured approaches to healing. Subtle energies and gentle stimulation of meridian points via tapping while focusing on emotional issues is believed to reduce stress hormones in the body, thus returning the body to a state of balance. EFT is a gentle self-help method used to release and resolve physical and emotional distress by clearing blocks in the body’s energy system. There have not been reports of distressing side effects when EFT is administered by a qualified practitioner, but this statement does not mean that you will not discover negative side effects for yourself. If you do experience side effects, you commit to notifying me immediately and taking the best course of action as recommended by your medical advisors.
These techniques may bring to the surface issues and memories that need addressing, perhaps ones you were not aware of before the client-practitioner relationship began. If this happens, you agree to inform me immediately. Your consent to use these techniques involves your voluntary agreement to take full responsibility for your well-being, progress, and behaviour and to indemnify your practitioner, Maryse Jansen.
While EFT is a technique that has produced remarkable clinical results and is gaining scientific support, it is not a replacement for Psychiatric, Psychological or Medical treatment. As we work together there is no guaranteed outcome in any individual or individual session. Sessions are a time to engage with and learn tools to address the emotional side effects of triggering events.
You acknowledge that you have read and understood the above statements regarding EFT and you have discussed any concerns with me. Therefore, you consent to receive EFT freely and voluntarily and without duress of any kind and you hereby agree to indemnify and hold harmless Maryse Jansen from any claim, action, loss, liability, damage or suit, arising from your participation in and use of the information and techniques of EFT.
9. CONFIDENTIALITY CLAUSE
As a client, engaging in private coaching services, you are entitled to confidentiality, with certain exceptions in which reporting may be legally required, such as current abuse of a minor, elderly, or disabled person, or the threat of serious bodily harm to myself or others.
I may from time to time find it helpful to consult other professionals about my work with you. During any such consultation, I will make every effort to avoid revealing your identity. The Consultant is also bound to keep your information confidential. If you do not object, I will not tell you about these consultations unless she feels that it is important for your work together.
You hereby acknowledge that if I am asked to provide services to my spouse, partner, or another member of my family, you must, in advance, establish the limits of confidentiality with them.
If I determine that I am unable, for any reason, to provide you with the services that you are requesting, in a professional manner, I will inform you of this decision and refer you to another practitioner who may better meet your needs.
If you verbally or physically threaten or otherwise harass me, I reserve the right to terminate you as a client immediately and unilaterally.
10. Service Agreement (Contract between you and me)
10.1 Compliance: I comply with Australian Consumer Law.
10.2 Service Agreement. Whenever you make a purchase on my website, a Service Agreement (Contract) is formed from the time and date that your Order has been processed and accepted, and you have received an Order Confirmation.
10.3 Payment methods: Payment methods include Stripe (credit card) and PayPal. (Surcharges may apply).
10.4 Prices & Fees: Prices and fees displayed on my website are subject to change without notification.
10.5 Payment: When you make a purchase, you must pay me immediately.
10.6.1. Course commencement: Your course will begin once you have been sent an email with a username and password for online course access either immediately or at a set date specified in this email.
10.6.2 Course changes and updates: To ensure the best up-to-date quality of the course, content may periodically be updated.
10.6.3 Commencement of coaching: After you have purchased a program or package, you will receive instructions on how to book your sessions. First time clients: you need to fill out an intake form and submit it at least 24 hours before your first session.
10.7 Refund and cancellation policy: Refunds for cancellations are only given within 7 days after purchase (Please note that in such circumstances, an administration fee of 15% of the fees will be charged to you and deducted from your payment.), provided that:
10.7.1 for courses: you have not yet logged in or, if you have logged in, you have not gained access to any course information or course material other than the introduction section of the course and you have not attended any live Zoom meetings or watched a recording of such meetings. No refunds will be given for courses that have not been completed for whatever reason.
10.7.2.1 for coaching: You have not yet booked a session. Once a session has been booked, you will be expected to pay for it. If you miss a session without cancelling or cancel with less than 24 hours notice, you must still pay for the session unless we both agree that you were unable to attend due to circumstances beyond your control. If we do not both reach that agreement, you will not be refunded for that missed session.
10.7.2.2 I reserve the right to terminate your agreement in the event that 2 consecutive coaching sessions need to be cancelled due to your failure to attend without prior notice.
10.7.2.3. A coaching agreement may be terminated by agreement or by either party giving the other 7 days’ notice in writing. Prepaid packages do not normally include refunds but a possibility for a (partial) refund remains at my discretion and will depend on several factors, including but not limited to the size of the package, how much of the package has been consumed and the reason for termination.
10.8 Cancellation and/or Rescheduling of Events, Courses or Coaching Sessions: Touched by Nature’ reserves the right to cancel, move, and reschedule a training event, course or session due to circumstances that are beyond my control, including (but not limited to) illness, natural disasters, humanitarian disasters, interruptions of electricity or internet services and like events my control. All reasonable efforts will be made by me to notify you of any alterations to your event or course. If an event or course is cancelled, I will either re-allocate you on to future events with your consent or offer a full or part refund of the pre-paid course fee.
10.9.1 Course Access and expiry: You will have access to course materials for the duration of the course from the date and time that you receive your login details until the course finishes. Note that more content will be made available as you progress through the course. Downloadable materials can be kept for your personal use only but need to be downloaded before course access expires.
10.9.2 Continuity: I make every reasonable effort to keep my website always functioning. However, Touched by Nature does not guarantee the delivery of communications over the internet as such communications rely on third party service providers over which I have no control.
10.10 Registration Process: To access my services and my website, you may be required to create and register an account (your account). You must provide me with accurate, current and complete information during the registration process and keep your account up-to-date at all times. You are solely responsible for the confidentiality of your account and any password provided as well as for its use and misuse. You must immediately inform me of any need to deactivate your account including if you become aware that your account is compromised or being used without authorization. I reserve the right to disable any username, password or other identifier, whether chosen by you or provided by me, at any time, and in my sole discretion without providing a refund of amounts paid by you including if, in my opinion, you have violated any provision of these Terms and Conditions.
11. Miscellaneous Terms and Conditions
11.1 No Guarantee of Uninterrupted Communications: Touched by Nature does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
11.2. Goods and services Compliance: All information contained on the website relating to goods and services has been prepared in accordance with Australian Law and may not satisfy the laws of another country.
a. Touched by Nature does not warrant that the goods or services available on this website; or the website and its content comply with the laws of any other country.
b. It is your responsibility to determine whether the goods or services comply with the laws of your country or jurisdiction.
c. If you access and use this website or its content from outside Australia, you do so at your own risk.
11.3 Website license and use
11.3.1 Touched by Nature grants you a non-exclusive and non-transferable license to use my website for your own personal use subject always to the restrictions specified in Clause 10 hereof. You must not download (other than page caching) or modify the website or any portion of the website unless specified as downloadable course materials.
11.3.2 Any content that you may post on the website or otherwise provide or communicate to Touched by Nature, including but not limited to posting in comments, course forums and chat rooms, shall become and remain the sole property of Touched by Nature, not subject to any obligation of confidentiality on the part of Touched by Nature. Touched by Nature shall exclusively own all rights (including intellectual property rights) to this content and shall be entitled to unrestricted use, publication and dissemination of this content for any purpose, commercial or otherwise, without any acknowledgement or compensation to you.
11.3.3 By posting or submitting content to my website, you represent and warrant that you own all the rights to the content or are authorized to use and distribute the content and that the content does not and will not infringe any intellectual property rights, any applicable law or regulation, or any warranties made by you.
12. Prohibited Uses
In using my website, you must not:
12.1. Engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine or use robots or other data collection methods.
12.2 Use my website for any activities or post to the website any informational materials which breach any laws or regulations or infringe on 3rd party’s patent, trademark, copyright or other proprietary rights or privacy.
12.3 Impersonate or falsely claim to represent a person or organisation.
12.4 Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity.
12.5 Post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights.
12.6 Post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
13. Unauthorized use of the Website
13.1 Unauthorized use of my website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.
14. General Disclaimer
14.1 Touched by Nature shall take all reasonable care but provides no warranties and cannot and does not guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the website you assume all risk in this regard, and you release Touched by Nature from all applicable liability and responsibility.
15. Questions and Complaints
If you have a question or complaint about anything related to your course, please feel free to contact [email protected]
