Course Agreement

Last updated: 7.9.26

COURSE AGREEMENT

TERMS AND CONDITIONS

Welcome to the Psych Skills Lab Program. These terms apply when you access the free introductory module, purchase or access the paid modules, or otherwise use the Program through our website, thepsychskillslab.com, or any related website we operate using the same domain name with a different extension (Website), or through a third-party learning platform used to deliver the Program (Program Platform).

1 HOW TO READ THESE TERMS

(a) In these terms, Zoe Herriman trading as The Psych Skills Lab (ABN 49 550 751 003) is referred to as “we”, “us” or “our”, and the person who purchases, accesses or uses the Program is referred to as “you” or “your”.

(b) These terms explain the conditions on which we provide, and you may access and use, the Psych Skills Lab Program. We have used plain English wherever possible.

(c) The Psych Skills Lab Program is a self-paced online educational program comprising one free introductory module and five paid modules, with each module containing pre-recorded videos, worksheets, exercises and other digital resources made available through our Website or a third-party learning platform (Program).

(d) Capitalised words and phrases have the meanings given to them in these terms.

2 ACCEPTING THESE TERMS AND CONDITIONS

(a) Please read these terms carefully before accessing the free introductory module, purchasing the paid modules or otherwise accessing or using the Program.

(b) By creating an account, selecting a checkbox confirming your acceptance, completing a purchase, accessing any part of the Program or otherwise indicating your agreement to these terms, you agree to be bound by them.

(d) If you accept these terms on behalf of another person or an organisation, you represent that you have authority to bind that person or organisation to these terms.

3 ENROLLING IN THE PROGRAM

(a) You may access the free introductory module without purchasing the paid modules. To purchase and access the remaining modules, you must create an account through the Website or the Program Platform (Account) and pay the applicable fees displayed at checkout (Fees).

(b) By creating an account, purchasing the paid modules or otherwise accessing the Program, you represent and warrant that:

(i) you are at least 18 years old and have the legal capacity to enter into a binding agreement with us;

(ii) the information you provide is complete, accurate and current; and

(iii) you are authorised to use the payment method provided for the purchase.

(c) Your purchase constitutes an offer to acquire access to the paid modules in accordance with these terms. A binding agreement between you and us is formed when your payment is successfully processed and we or the Program Platform sends you confirmation that your purchase has been accepted.

(d) If your payment is declined, reversed or otherwise unsuccessful, we may refuse, suspend or terminate your access to the paid modules until all outstanding amounts have been paid.

4 OUR PROGRAM

(a) The Program is a self-paced educational program designed to teach general psychological skills, emotional regulation strategies and mindset tools, including strategies aimed at reducing unhelpful or negative self-talk.

(b) The Program comprises one free introductory module and five paid modules. Each module generally includes pre-recorded video lessons, worksheets, exercises and other digital resources, as described on the Website.

(c) Unless we expressly state otherwise in writing, the Program does not include live sessions, individual feedback, email support, community access, question-and-answer sessions, consultations, coaching or other interaction with us or a health professional.

(d) We will use reasonable efforts to ensure that the Program is substantially consistent with the description published on the Website at the time of your purchase. We may update, replace or modify Program content from time to time where this does not materially reduce the overall educational value of the Program you purchased.

(e) The free introductory module may be accessed before purchase. Once your payment of the Fees has been successfully processed, you will be granted access to the paid modules through your Account on the Website or the Program Platform.

(f) Program videos are made available primarily for streaming through your Account on the Program Platform. Any ability to access videos offline through a third-party platform or application is subject to that provider’s functionality and terms and does not give you a right to retain, copy or distribute the videos outside that platform.

(g) Worksheets and other resources identified as downloadable may be downloaded for your personal use in accordance with these terms. You must not reproduce, republish, share, distribute or otherwise make any part of the Program available to another person.

(h) You are responsible for managing your Account, maintaining the confidentiality of your login details and accessing and using the Program appropriately and in accordance with these terms.

5 YOUR ACCOUNT AND LICENCE

(a) Subject to these terms, payment of the Fees gives you access to the paid modules for the period during which we continue to make the Program available, subject to the minimum 12-month availability commitment below (Access Period). We will make the core Program materials available for at least 12 months from the date your purchase is accepted.

(b) Any reference to “lifetime access” means access for the operational lifetime of the Program and does not mean your lifetime, our lifetime or permanent access. After the initial 12-month period, we may modify, migrate, suspend or discontinue the Program or the platform through which it is delivered. Where reasonably practicable, we will give you reasonable notice before permanently discontinuing the Program, but we do not promise that all Program materials will be available for download or provided in another format.

(c) We grant you a limited, personal, non-exclusive, non-transferable and revocable licence during the Access Period to access and use the Program for your own personal, non-commercial educational purposes in accordance with these terms.

(d) Your licence does not transfer ownership of any part of the Program or its content to you.

(e) You must:

(i) keep your Account login details secure and confidential;

(ii) not allow any other person to access or use your Account;

(iii) notify us promptly if you know or suspect that your Account has been accessed without authorisation; and

(iv) be responsible for activity occurring through your Account unless that activity results from our act or omission.

(f) We may suspend or terminate your Account and revoke your licence if we reasonably believe that:

(i) you have shared your Account or Program access with another person;

(ii) you have copied, reproduced, distributed, republished, sold, licensed or commercially used any part of the Program without our written permission;

(iii) you have infringed or attempted to infringe our Intellectual Property Rights or the rights of a third party;

(iv) your use of the Program creates a security, legal or operational risk; or

(v) you have otherwise materially breached these terms.

(g) Where the breach can reasonably be remedied, we may give you a reasonable opportunity to remedy it before terminating your Account, but may suspend access while the breach is being investigated or remedied where reasonably necessary to protect us, another person, the Program, Our IP or the Program Platform. We may act immediately where the breach is serious, cannot be remedied or requires urgent action to protect us, another person, the Program or the platform through which it is delivered.

(h) If we suspend or terminate your Account because of your breach of these terms, you will not be entitled to a refund except to the extent required by applicable law. Nothing in this clause limits any rights or remedies that cannot lawfully be excluded.

6 PAYMENT

(a) The fees payable for access to the paid modules are the amounts displayed and accepted by you at checkout at the time of purchase (Fees).

(b) (aAll prices are stated in Australian dollars (AUD). If your local currency differs from AUD, your bank or payment provider may convert the amount into your local currency and may apply currency conversion or foreign transaction fees.

(d) We may change the Fees at any time before you complete a purchase. Any change will not affect a purchase that we have already accepted.

(e) Unless otherwise stated, the Fees include any Australian goods and services tax payable in connection with your purchase. If another tax, duty, levy or similar charge applies because of your location, it may be calculated and added at checkout.

(f) Your bank, card issuer or payment provider may charge you transaction, currency conversion or other fees. We are not responsible for those charges.

(g) Payments are processed through Stripe or another third-party payment provider made available at checkout (Payment Provider). Your use of a Payment Provider is also subject to that provider’s terms and privacy policy.

(h) We do not receive or store your complete payment card details. Payment information is collected and processed by the Payment Provider.

(i) To the maximum extent permitted by law, we are not responsible for an act, omission, outage or security incident of a Payment Provider that is outside our reasonable control. Nothing in this paragraph excludes liability that cannot lawfully be excluded.

(j) You authorise us and the Payment Provider to charge the payment method you select for the total amount displayed at checkout.

(k) If a payment is declined, reversed, charged back or otherwise not successfully completed, we may withhold, suspend or terminate your access to the paid modules until the outstanding amount has been paid.

(l) If we discover an error in the Fees or other purchase information before accepting your purchase, we may notify you and give you the option to proceed at the correct price or cancel the purchase.

(m) If we discover an error after accepting your purchase, we may correct the error with your agreement or cancel the affected purchase and refund the amount paid to the original payment method. We will not increase the Fees for an accepted purchase without your agreement.

Any refund payable under these terms or applicable law will ordinarily be returned to the original payment method, unless another method is required or agreed.

7 VOUCHERS AND DISCOUNT CODES

(a) We may offer promotional discounts or discount codes for the paid modules from time to time (Discount Code).

(b) To use a Discount Code, you must enter the applicable code at checkout before completing your purchase, or access the checkout using a promotional link that automatically applies the discount.

(i) must be used within any stated validity period;

(ii) may only be used once per customer;

(iii) cannot be applied retrospectively to a completed purchase;

(iv) cannot be combined with another discount or promotional offer;

(v) is non-transferable;

(vi) cannot be exchanged or redeemed for cash, credit or any other benefit; and

(vii) may be subject to additional terms stated in the applicable offer.

(d) We may withdraw, suspend or amend a Discount Code before it is used, except where doing so would be unlawful.

(e) We may refuse or cancel the use of a Discount Code where we reasonably believe it has been used fraudulently, improperly or contrary to these terms or the applicable offer conditions.

8 DISCLAIMER

(a) The Program is designed to provide general education about psychological skills, emotional regulation strategies, mindset tools and approaches that may assist with unhelpful or negative self-talk.

(b) The Program is provided for general educational and self-development purposes only. It is not tailored to your individual circumstances, needs, symptoms, health, diagnosis, treatment plan or goals.

(i) psychological treatment, therapy or counselling;

(ii) medical, psychiatric or other health advice;

(iii) clinical assessment, diagnosis or treatment;

(iv) crisis intervention or emergency support;

(v) individual coaching, consultation or personalised advice; or

(vi) a substitute for advice, assessment or treatment from an appropriately qualified health professional.

(d) This Program is not intended to diagnose, treat, cure or prevent any condition or disease. Statements made in the Program have not been evaluated by the U.S. Food and Drug Administration.

(e) Accessing or using the Program does not create a psychologist-client, therapist-client, doctor-patient or other professional relationship between you and us or any person involved in preparing or presenting the Program.

(f) Although the Program is presented by a psychologist registered in Australia, the information is provided in an educational capacity and not as a health service to you.

(g) You are responsible for deciding whether the Program is appropriate for you. Before acting on information in the Program, you should consider your own circumstances and obtain advice from an appropriately qualified health professional where necessary.

(h) You should not use the Program instead of seeking professional care, disregard professional advice because of the Program or delay seeking assessment, treatment or support.

(i) The Program is not intended for people requiring crisis care or urgent mental health support. If you are experiencing severe distress, thoughts of self-harm or suicide, or another mental health emergency, stop using the Program and immediately contact local emergency services, a crisis support service or an appropriately qualified health professional.

(j) Some Program content may cause discomfort or distress. You should pause or stop using the Program and seek appropriate professional support if you experience distress or believe the content is unsuitable for you.

(k) Individual experiences and outcomes vary. We do not represent, warrant or guarantee that the Program will:

(i) be suitable, useful or effective for you;

(ii) improve your psychological, emotional or physical health;

(iii) reduce negative or unhelpful self-talk;

(iv) help you achieve any particular personal goal; or

(v) produce any result within a particular timeframe or at all.

(l) Any action you take or decision you make after accessing the Program remains your responsibility. To the maximum extent permitted by law, we are not responsible for a result arising solely from your reliance on general educational information without obtaining professional advice appropriate to your circumstances.

(m) Nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

9 COLLECTION NOTICE AND PRIVACY

(a) We may collect personal information about you when you access or use the Program, create or manage your Account, make a purchase, contact us, subscribe to communications or otherwise interact with us.

(b) The personal information we collect may include:

(i) your name, email address, country, billing address and Account details;

(ii) purchase and transaction information;

(iii) technical and usage information, including your IP address, device information and interactions with the Program; and

(iv) information you provide when you contact us, submit feedback or make an enquiry.

(c) Payments are processed by Stripe or another Payment Provider. We do not receive or store your complete payment card details.

(d) The Program is not intended to collect clinical records or sensitive information about your mental health, medical history or personal circumstances. You must not submit confidential therapeutic information, clinical disclosures or other sensitive information through the Program, Account, support channels or contact forms unless we expressly request it and explain how it will be handled.

(e) We may collect, use, store and disclose your personal information for purposes including:

(i) providing and administering the Program and your Account;

(ii) processing payments and maintaining transaction records;

(iii) communicating with you and responding to enquiries;

(iv) maintaining the security and functionality of the Program;

(v) improving our content, services and customer experience;

(vi) sending marketing communications where permitted by law and subject to your right to unsubscribe; and

(vii) complying with our legal obligations and enforcing these terms.

(f) We may disclose personal information to service providers that assist us to operate the Program and our business, including Stripe, Teachable, website and cloud hosting providers, email service providers, analytics providers and professional advisers. Some of those providers may store or process personal information outside Australia.

(g) Our Privacy Policy, available at thepsychskillslab.teachable.com/p/privacy, explains in more detail how we collect, use, disclose, store and protect personal information, how overseas disclosures may occur, and how you may request access to or correction of your personal information or make a privacy complaint.

(h) By providing personal information to us, you acknowledge that it will be handled in accordance with our Privacy Policy and applicable privacy laws. Nothing in these terms limits any privacy right or remedy that cannot lawfully be excluded.

10 INTELLECTUAL PROPERTY

10.1 OUR INTELLECTUAL PROPERTY

(a) All Intellectual Property Rights in the Program and all content, materials and resources made available through or in connection with the Program are owned by or licensed to us (Our IP).

(b) Our IP includes:

(i) pre-recorded videos, audio, text, graphics, illustrations and photographs;

(ii) worksheets, exercises, templates, guides and downloadable resources;

(iii) the structure, sequencing, presentation and design of the Program;

(iv) our business name, trade marks, logos and branding;

(v) Website and platform content created or supplied by us; and

(vi) any updates, adaptations, improvements or derivative materials created by or for us.

(c) Except for the limited licence expressly granted under these terms, no right, title or interest in Our IP is transferred to you.

10.2 PERMITTED USE

(a) You may access and use Our IP only to the extent reasonably necessary for your personal, non-commercial participation in the Program and in accordance with these terms.

(b) You may download worksheets and other resources that we expressly make available for download and may complete, save and print those resources for your own personal use.

(i) copy, record, reproduce, adapt, modify, translate or create derivative works from any part of Our IP, except to the limited extent necessary to complete a downloadable resource for personal use;

(ii) share, publish, upload, transmit, distribute or otherwise make Our IP available to another person;

(iii) sell, resell, sublicense, rent, commercialise or otherwise exploit Our IP;

(iv) use Our IP to provide clinical, therapeutic, coaching, training, educational, professional, institutional or commercial services;

(v) remove, alter or obscure any copyright, trade mark, attribution, confidentiality or proprietary notice;

(vi) use any automated process to extract, scrape, index, copy or collect Our IP; or

(vii) represent that you own, created, are affiliated with or are authorised to distribute any part of Our IP.

(d) You must not copy or download Program videos except where a third-party learning platform temporarily enables offline access within its authorised application. Any offline access remains subject to these terms and the applicable platform terms and does not permit you to extract, retain, reproduce or distribute the videos outside that application.

10.3 YOUR MATERIALS

(a) You retain ownership of any material you voluntarily submit to us, including an enquiry or feedback, except to the extent that the material contains or reproduces Our IP.

(b) You grant us a non-exclusive, worldwide, royalty-free licence during the term of these terms and for any reasonable record-retention period afterward to use, reproduce and communicate material you voluntarily provide to us solely to the extent reasonably necessary to:

(i) provide and administer the Program;

(ii) respond to your enquiry or request;

(iii) maintain our records;

(iv) protect or enforce our legal rights; and

(v) comply with applicable law.

(c) You must not provide material that infringes another person’s Intellectual Property Rights, privacy, confidentiality or other legal rights.

10.4 FEEDBACK

If you provide feedback, suggestions or ideas about the Program, we may use them without restriction or payment to you, provided that we do not identify you publicly without your consent.

10.5 THIRD-PARTY MATERIALS

The Program may include materials owned or licensed by third parties. Your use of those materials may be subject to additional terms notified to you, and no rights are granted beyond those permitted by us or the relevant third-party owner.

10.6 INFRINGEMENT

(a) You must promptly notify us if you become aware of any unauthorised access, copying, use or distribution of Our IP.

(b) We may suspend or terminate your access to the Program where we reasonably believe that you have infringed or are likely to infringe our Intellectual Property Rights or those of a third party.

10.7 DEFINITION

Intellectual Property Rights means all present and future intellectual and industrial property rights anywhere in the world, whether registered or unregistered, including rights in copyright, trade marks, designs, patents, circuit layouts, trade names, business names, domain names, confidential information, trade secrets, know-how and all rights to apply for, renew, extend or enforce those rights.

11 CHANGES, CANCELLATIONS AND REFUNDS

(a) Once your purchase has been accepted and access to the paid modules has been provided, you cannot cancel your purchase or obtain a refund merely because you change your mind, no longer wish to use the Program, do not complete the Program or consider that the Program is not suitable for your personal circumstances or goals.

(b) We may, in our discretion, agree to a cancellation, credit or refund in circumstances not required by law. Any such decision applies only to the particular circumstances in which it is made and does not create an obligation to provide the same outcome in another case.

contact@thepsychskillslab.com if you believe that the Program has not been

supplied in accordance with these terms or that you are entitled to a remedy

under applicable law.

(d) Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

(e) Where the Australian Consumer Law applies, our goods and services come with guarantees that cannot be excluded. Your entitlement to a repair, replacement, resupply, refund, cancellation or compensation will depend on the nature and circumstances of the relevant failure and the remedies available under that law.

(f) Any approved refund will ordinarily be paid to the original payment method. Your bank or Payment Provider may require additional time to process and make the refunded amount available to you.

12 PUBLIC STATEMENTS AND SOCIAL MEDIA

(a) You may share general comments about your experience of the Program, including honest reviews and general information about what you learned.

(b) You must not publish or share:

(i) Program videos, worksheets, exercises, screenshots or other Program content, except for material we have expressly authorised for public sharing;

(ii) content that reproduces or reveals a substantial part of the Program’s methods, structure or educational materials;

(iii) another person’s personal information, confidential information or Intellectual Property Rights;

(iv) content that is false, misleading, defamatory, unlawful or reasonably likely to misrepresent your relationship with us; or

(v) content suggesting that we endorse you, your services or your views unless we have agreed in writing.

(c) You are not required to provide positive feedback or refrain from making an honest statement about your experience. Nothing in these terms restricts any right you may have to make a complaint, contact a regulator, obtain professional advice or exercise a right under applicable law.

(d) If you identify or tag us in a publication, you must not imply that we approved or endorsed the publication. We may ask you to remove our name, trade marks, logo or other branding where their use is unauthorised, misleading or inconsistent with these terms.

(e) Any use of our name, trade marks, branding or Program content remains subject to the Intellectual Property section of these terms.

13 DATA SECURITY

(a) We take reasonable steps to protect personal information and other data that we hold from misuse, interference, loss and unauthorised access, modification or disclosure.

(b) The Program is delivered using third-party platforms and service providers, including Teachable, Stripe, website hosting, cloud storage and communications providers. The security and availability of information processed through those services may depend on measures implemented by the relevant provider.

(a) You are responsible for:

(i) keeping your Account login details secure and confidential;

(ii) using secure devices, networks and passwords when accessing the Program;

(iii) notifying us promptly if you know or suspect that your Account or personal information has been accessed without authorisation; and

(iv) maintaining your own copies of any completed worksheets or other information you wish to retain.

(d) No method of electronic transmission or storage is completely secure. We do not guarantee that the Program, Website, Account or any information transmitted or stored through them will be free from unauthorised access, hacking, malware, ransomware, viruses, service interruptions or other security incidents.

(e) If we become aware of a data breach affecting personal information that we hold or control, we will assess and respond to it in accordance with our Privacy Policy and applicable law.

(f) To the maximum extent permitted by law, we are not responsible for loss, corruption, destruction or unauthorised access to data caused by:

(i) your failure to comply with your security obligations;

(ii) a third-party platform or service provider acting outside our reasonable control;

(iii) malicious or unlawful conduct by a third party; or

(iv) an event outside our reasonable control.

(g) Nothing in this clause excludes, restricts or modifies any liability, consumer guarantee, privacy obligation or other right or remedy that cannot lawfully be excluded, restricted or modified.

14 THIRD-PARTY SERVICES, CONTENT AND WEBSITES

14.1 THIRD-PARTY SERVICES

(a) We may use third-party platforms, software and service providers to operate, deliver and support the Program, including Teachable, Stripe, website and cloud hosting providers, email service providers and analytics providers (Third-Party Services).

(b) Your use of a Third-Party Service may be subject to the relevant provider’s terms, privacy policy and other conditions. You are responsible for reviewing and complying with any terms that apply directly to your use of that Third-Party Service.

(c) We may change a Third-Party Service where reasonably necessary to operate or improve the Program, provided that the change does not materially reduce the overall educational value of the Program during the minimum access period stated in these terms.

(d) A Third-Party Service may be modified, suspended, interrupted or discontinued by its provider. To the maximum extent permitted by law, we are not responsible for an act, omission, outage, security incident or other failure of a Third-Party Service that is outside our reasonable control.

(e) Where a Third-Party Service is necessary for access to the Program, you may be unable to access some or all of the Program if you do not agree to, or comply with, the terms applying to that service.

14.2 THIRD-PARTY CONTENT

(a) The Program may contain or refer to text, images, research, publications, data, tools or other materials created or supplied by third parties (Third-Party Content).

(b) Third-Party Content is provided for general informational and educational purposes only. Unless expressly stated otherwise, its inclusion does not mean that we endorse the third party or guarantee the accuracy, completeness, currency, reliability or suitability of that content.

(c) You are responsible for assessing whether Third-Party Content is appropriate for your circumstances and for obtaining professional advice where necessary.

14.3 LINKS TO OTHER WEBSITES

(a) The Program may contain links to third-party websites, applications or resources.

(b) We do not control those third-party websites, applications or resources and, to the maximum extent permitted by law, are not responsible for their content, availability, security, privacy practices, terms or operation.

(c) A link is provided for convenience only and does not imply that we approve, sponsor or endorse the third party or its products, services or content.

(d) You access and use third-party websites, applications and resources at your own discretion and subject to the terms and policies applying to them.

(e) Nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

15 SECURITY

(a) You are responsible for taking reasonable precautions when accessing and using the Program, including using current security software, installing relevant device and software updates, and accessing the Program through secure devices and networks.

(b) You must not introduce or transmit any virus, malware, ransomware, malicious code or other harmful material through the Website, your Account, the Program or any Third-Party Service.

(c) Although we take reasonable steps to maintain the security of the Program, we do not guarantee that the Website, Program, Third-Party Services or any files or communications made available through them will be free from viruses, malicious code, vulnerabilities or other harmful components.

(d) To the maximum extent permitted by law, we are not responsible for loss of or damage to your computer, mobile device, software, systems or data arising from:

(i) your failure to take reasonable security precautions;

(ii) the security settings or condition of your device or network;

(iii) malicious or unlawful conduct by a third party;

(iv) a Third-Party Service acting outside our reasonable control; or

(v) any event outside our reasonable control.

(e) Nothing in this clause excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.

16 REPORTING MISUSE AND ISSUES

(a) If you become aware of any unauthorised access to or misuse of the Program, infringement of Our IP, security issue, error in the Program materials or difficulty accessing or using the Program, please notify us promptly using the contact details or contact form available on the Website.

(b) Your notice should include sufficient information to help us identify and assess the issue, but you must not provide passwords, complete payment card details, sensitive health information or other information that is not reasonably necessary.

(c) We may investigate the issue and take any action we reasonably consider appropriate, including correcting content, providing access assistance, suspending an Account, restricting access to the Program or notifying a relevant Third-Party Service.

(d) We do not guarantee that every reported error or access issue will be corrected or resolved within a particular timeframe, particularly where the issue is caused by a Third-Party Service or circumstances outside our reasonable control.

17 SERVICE LIMITATIONS

(a) We will use reasonable efforts to keep the Program available and operating substantially as described in these terms. However, the Program may depend on the Website, internet connectivity and Third-Party Services that are not always within our control.

(b) You acknowledge that, from time to time:

(i) the Program or any part of it may contain errors, omissions, defects or technical issues;

(ii) access to the Program may be interrupted, delayed, suspended or unavailable;

(iii) videos, worksheets, links or other resources may not load, display or operate correctly;

(iv) messages, notifications or other communications may be delayed, misdirected or not delivered;

(v) maintenance, updates, platform changes or security measures may temporarily affect access;

(vi) information transmitted through the Program may be subject to the security limitations described in these terms; and

(vii) Third-Party Services may change, restrict or discontinue features that affect the delivery or operation of the Program.

(c) We may temporarily suspend access to all or part of the Program where reasonably necessary for maintenance, updates, security, legal compliance or circumstances outside our reasonable control, and will use reasonable efforts to minimise the duration and material impact of any suspension within our reasonable control.

(d) We do not guarantee that the Program will be continuously available, uninterrupted, error-free or compatible with every device, browser, operating system or internet connection.

(e) You are responsible for maintaining the devices, software, internet connection and other systems reasonably required to access the Program.

(f) Where an access issue is within our reasonable control, we will use reasonable efforts to investigate and address it. We do not guarantee that every issue will be resolved within a particular timeframe.

(g) Nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

18 NOTICES
(a) A notice or other formal communication under these terms must be in writing and in English.

(b) A notice to us must be sent by email to

contact@thepsychskillslab.com or any replacement email address notified on the

Website.

(c) A notice to you may be sent by email to the email address associated with your Account or most recently provided by you.

(d) You are responsible for keeping your email address and other Account details accurate and current.

(e) An email notice is taken to be received:

(i) when the recipient replies to or otherwise acknowledges the email;

(ii) 24 hours after the email is sent, unless the sender receives an automated message indicating that the email was not delivered; or

(iii) if that time falls on a Saturday, Sunday or public holiday in South Australia, at 9.00 am on the next day that is not a Saturday, Sunday or public holiday in South Australia,

whichever occurs first.

(f) This clause does not apply where applicable law requires a notice to be given by another method.

19 WARRANTIES AND CONSUMER RIGHTS

(a) To the maximum extent permitted by law, all representations, warranties, guarantees and other terms that are not expressly set out in these terms are excluded.

(b) We do not represent or warrant that:

(i) the Program will be suitable for your particular circumstances, needs or goals;

(ii) the Program will produce any particular psychological, emotional, personal or other outcome;

(iii) the Program will be continuously available, uninterrupted, error-free or compatible with every device, browser or operating system; or

(iv) all information or Third-Party Content made available through the Program will be complete, current or suitable for reliance without appropriate professional advice.

(c) Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

(d) Where the Australian Consumer Law applies, the Program comes with consumer guarantees that cannot be excluded. Depending on the nature and circumstances of a failure, you may be entitled to a remedy including resupply of the services, a refund, cancellation or compensation.

(e) To the extent permitted by law, where a consumer guarantee applies and our liability may lawfully be limited, our liability is limited, at our option, to:

(i) supplying the relevant services again; or

(ii) paying the cost of having the relevant services supplied again.

(f) This clause must be read together with the Disclaimer, Changes, Cancellations and Refunds and Liability clauses.

20 LIABILITY
20.1 APPLICATION OF THIS CLAUSE

This clause applies to the maximum extent permitted by law and does not exclude, restrict or modify:

(a) any consumer guarantee, right or remedy under the Australian Consumer Law or another applicable law that cannot lawfully be excluded, restricted or modified;

(b) liability for fraud, fraudulent misrepresentation or wilful misconduct;

(d) any other liability that cannot lawfully be excluded or limited.

20.2 LIMITATION OF OUR LIABILITY

(a) Subject to the remainder of this clause, our total aggregate liability arising out of or in connection with the Program, your Account, the Website or these terms is limited to the applicable amount specified below:

(i) the total Fees paid by you for the Program; or

(ii) if you have not paid any Fees, AUD 100.

(b) The limitation applies in aggregate to all claims, whether arising in contract, tort (including negligence), statute, equity or otherwise, and is not increased by the number of claims, events or legal grounds asserted.

(c) Where the Australian Consumer Law permits us to limit our liability for a failure to comply with a consumer guarantee relating to services, our liability is limited, at our option, to:

(i) supplying the relevant services again; or

(ii) paying the cost of having the relevant services supplied again.

(d) The limitation of liability in this clause does not apply to the extent that the relevant loss was caused or contributed to by our fraud, wilful misconduct or a liability that cannot lawfully be limited.

20.3 YOUR LIABILITY

(a) You are responsible for loss or damage reasonably incurred by us as a direct result of:

(i) your fraud, wilful misconduct or unlawful conduct;

(ii) your infringement of our Intellectual Property Rights or the Intellectual Property Rights of a third party;

(iii) your unauthorised copying, sharing, distribution, sale or commercial use of the Program or Our IP;

(iv) your allowing another person to access or use your Account in breach of these terms; or

(v) material you provide through the Program that infringes another person’s rights.

(b) You are not liable to the extent that the loss or damage was caused or contributed to by our act or omission.

20.4 EXCLUDED LOSS

(a) Subject to the remainder of this clause, neither party is liable to the other for any indirect, incidental, special or consequential loss arising out of or in connection with the Program, the Website, your Account or these terms.

(b) To the maximum extent permitted by law, neither party is liable to the other for loss of profit, revenue, business opportunity, anticipated savings, goodwill or data, whether direct or indirect, except to the extent that the loss:

(i) is a direct and reasonably foreseeable result of the relevant breach;

(ii) arises from your unauthorised use or disclosure of Our IP;

(iii) arises from fraud, wilful misconduct or unlawful conduct;

(iv) results from death, personal injury or damage to tangible property; or

(v) cannot lawfully be excluded.

20.5 MITIGATION AND CONTRIBUTORY ACTS

(a) Each party must take reasonable steps to minimise any loss or damage it suffers in connection with these terms.

(b) A party’s liability will be reduced proportionately to the extent that the other party’s act, omission, negligence or failure to take reasonable precautions caused or contributed to the relevant loss or damage.

21 DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen out of or in connection with these terms must follow this clause before commencing court or tribunal proceedings, except where:

(i) the party seeks urgent interlocutory or injunctive relief;

(ii) the proceedings are required to preserve a limitation period or other legal right;

(iii) the party makes a complaint to, or seeks assistance from, a regulator, consumer protection body or dispute resolution service; or

(iv) applicable law permits the party to commence proceedings without following this process.

(b) The party raising the dispute must give the other party written notice describing the nature of the dispute, the outcome sought and any information reasonably necessary to understand the dispute (Dispute Notice).

(c) Within 14 days after the Dispute Notice is received, the parties must use reasonable efforts to resolve the dispute in good faith, including by communicating directly through representatives authorised to resolve it.

(d) If the dispute is not resolved within that 14-day period, or another period agreed in writing, either party may commence court or tribunal proceedings.

(e) Each party must bear its own costs of complying with this clause unless otherwise agreed in writing.

(f) Nothing in this clause excludes, restricts or delays any consumer right, complaint process, remedy or jurisdiction that cannot lawfully be excluded, restricted or delayed.

22 TERMINATION

22.1 TERMINATION BY YOU

(a) You may stop using the Program at any time.

(b) Stopping use of the Program does not cancel your purchase or entitle you to a refund, credit or release from any payment obligation, except to the extent required by applicable law or expressly agreed by us in writing.

22.2 TERMINATION OR DISCONTINUATION BY US

(a) We may terminate these terms and your access to the Program by written notice if:

(i) we permanently discontinue the Program after the minimum access period stated in these terms;

(ii) we are required to do so by law or by a regulator;

(iii) a Third-Party Service necessary to deliver the Program is permanently discontinued and we cannot reasonably provide a suitable alternative; or

(iv) continuing to provide the Program would create a material legal, security or operational risk outside our reasonable control.

(b) Where reasonably practicable, we will give you reasonable advance notice before permanently discontinuing the Program.

(c) If we terminate your access during the minimum access period for a reason that is not caused by your breach, we will provide any remedy required by applicable law and, where no mandatory remedy applies, may at our option provide continued access through an alternative platform, replacement materials, a proportionate refund or another reasonable remedy.

20.3 TERMINATION FOR BREACH

(a) Either party may terminate these terms by written notice if the other party materially breaches these terms and:

(i) the breach is capable of remedy;

(ii) the party in breach is given written notice describing the breach and requiring it to be remedied; and

(iii) the breach is not remedied within 10 Business Days after that notice, or another period agreed in writing.

(b) We may suspend or terminate your Account and access to the Program immediately if:

(i) your breach is serious or incapable of remedy;

(ii) you share your Account or provide unauthorised access to the Program;

(iii) you copy, distribute, sell, commercially exploit or otherwise misuse the Program or Our IP;

(iv) you engage in fraud, unlawful conduct or conduct that creates a material security risk;

(v) your payment is reversed, charged back or remains unpaid; or

(vi) immediate action is reasonably necessary to protect us, another person, the Program, Our IP or a Third-Party Service.

20.4 EFFECT OF TERMINATION

(a) When these terms or your access to the Program end:

(i) your licence to access and use the Program ends;

(ii) you must stop accessing and using the Program and Our IP;

(iii) we may disable or delete your Account, subject to our legal and record-keeping obligations;

(iv) you must not retain, use, reproduce or distribute Program materials, except for lawfully downloaded worksheets completed for your personal use;

(v) you remain responsible for any amount that became payable before termination; and

(vi) each party retains any rights, remedies, obligations or liabilities that accrued before termination.

(b) If we terminate your access because of your breach, you will not be entitled to a refund except to the extent required by applicable law.

(c) Clauses concerning intellectual property, privacy, disclaimers, warranties, liability, dispute resolution, governing law and any other provision intended by its nature to continue will survive termination.

(d) Nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

23 GENERAL

23.1 GOVERNING LAW AND JURISDICTION

(a) These terms are governed by the laws of South Australia, Australia. Subject to any rights or remedies that cannot lawfully be excluded, the parties submit to the exclusive jurisdiction of the courts and tribunals of South Australia and the courts entitled to hear appeals from them.

(b) Subject to the Dispute Resolution clause and any rights you have under applicable consumer law, each party submits to the jurisdiction of the courts and tribunals of South Australia and any courts entitled to hear appeals from them.

(c) Nothing in this clause prevents you from relying on any mandatory law or bringing a claim in any forum that cannot lawfully be excluded by agreement.

23.2 WAIVER

(a) A failure or delay by a party to exercise a right or remedy under these terms does not operate as a waiver of that right or remedy.

(b) A waiver is effective only if it is in writing and given by the party granting the waiver, and applies only to the specific instance for which it is given.

23.3 SEVERANCE

(a) If any provision of these terms is wholly or partly void, illegal or unenforceable, that provision is to be read down to the minimum extent necessary to make it valid and enforceable.

(b) If the provision cannot be read down, the invalid or unenforceable part is severed without affecting the validity or enforceability of the remaining provisions.

23.4 ASSIGNMENT

(a) You must not assign, novate or otherwise transfer any of your rights or obligations under these terms without our prior written consent.

(b) We may assign, novate or otherwise transfer our rights or obligations under these terms:

(i) to a related body corporate;

(ii) as part of a sale, transfer or restructuring of all or a substantial part of our business or assets; or

(iii) to another person that is reasonably capable of performing our obligations,

provided that the transfer does not materially reduce your rights under these terms.

23.5 COSTS

Except as expressly stated in these terms or ordered by a court or tribunal, each party must bear its own costs and expenses in connection with entering into and performing these terms.

23.6 ENTIRE AGREEMENT

(a) These terms, together with any terms expressly incorporated into them and the information presented and accepted at checkout, constitute the entire agreement between you and us concerning your purchase, access to and use of the Program.

(b) They supersede any prior discussions, representations, negotiations or arrangements concerning that subject matter.

(c) Nothing in this clause excludes liability for fraud or misleading or deceptive conduct or limits any right or remedy that cannot lawfully be excluded.

23.7 RELATIONSHIP

(a) These terms do not create a partnership, joint venture, employment, agency, fiduciary, psychologist-client, therapist-client, doctor-patient or other professional relationship between you and us.

(b) Neither party has authority to bind the other or incur an obligation on the other party’s behalf.

23.8 CHANGES TO THESE TERMS

(a) We may update these terms from time to time where reasonably necessary to reflect changes to the Program, our business practices, Third-Party Services or applicable law.

(b) Any changes will apply prospectively from the date the updated terms are published or otherwise notified to you.

(c) A change will not retrospectively remove or materially reduce rights relating to a purchase already accepted without your agreement, except to the minimum extent required by law or reasonably necessary to address a material security, legal or operational risk, and only where the change is proportionate to that risk.

23.9 INTERPRETATION

In these terms:

(a) Business Day means a day other than a Saturday, Sunday or public holiday in South Australia;

(b) words in the singular include the plural and words in the plural include the singular;

(c) a reference to a person includes an individual, corporation, partnership, trust, association, government body or other legal entity;

(d) a reference to a party includes that party’s personal representatives, successors and permitted assigns;

(e) a reference to a document includes that document as amended or replaced from time to time;

(f) a reference to legislation includes amendments, replacements and subordinate legislation made under it;

(g) the words “including”, “includes” and similar expressions do not limit the words that precede them;

(h) headings are for convenience only and do not affect interpretation;

(i) a reference to writing includes email and other forms of electronic communication;

(j) a reference to dollars or “$” is to Australian dollars unless otherwise stated; and

(k) no provision is to be interpreted against a party merely because that party prepared or proposed it.