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Product Agreement

BayPsych Consultants Pty Ltd ACN (Healthy Mind Academy, we, our, us, Dr Lynn Olivier, Lynette Olivier), provides online courses, coaching programs and other training related to mental health and leadership to the individuals, companies and organisations subject to the terms and conditions of this Product Agreement.

By registering to attend or otherwise participating in any online training or course provided by us, you acknowledge that you have read, understood, and agree to:

 

If you do not agree with this Product Agreement, our Website Terms of Use, or our Privacy Policy, you must immediately stop participating in and engaging with our products.

This Product Agreement may be amended by us from time to time. The most up-to-date Product Agreement will always be published on our website. You should check the website regularly to take note of any changes.

COURSE PARTICIPATION 

  1. You understand that:
  • Payment for a course, program, mastermind group or coaching allows for participation by up to one participant per program.
  • Additional licenses can be purchased for a second employee from the same organisation. This participant may be a manager, team member, an employee or director, as notified to Health Mind Academy. Participation by any other person deemed inappropriate by Healthy Mind Academy (in its absolute discretion) is prohibited.
  • Without prior written consent from Healthy Mind Academy, you are prohibited during and for twelve (12) months after the purchase of a product from directly or indirectly engaging, employing, soliciting, or otherwise retaining any person who is or was involved in the course, program or training.
  • Healthy Mind Academy does not warrant or make any representations or guarantees regarding participant outcomes, success, improved mental health or income levels following participation in any courses, programs, coaching, mastermind group or training. You accept all responsibility for evaluating your learning and transformational potential and choices, as well as executing your lifestyle choices, health choices, business decisions and application of services rendered. You acknowledge that your learning potential and outcome is dependent on your own effort, ideas, techniques, execution of your goals, learnings and choices, the time you devote to the program, ideas and techniques offered and utilised, as well as your individual health, finances, knowledge, and skill. You acknowledge that it is your responsibility to seek medical advice for any medical or health concerns.

 

INFORMATION PROVIDED DURING COURSE 

  1. You understand that participation in a training or course is not a substitute for health, medical, legal, business or insurance advice.
  2. The advice and training provided by Healthy Mind Academy is for educational purposes only. Sometimes it may include a summary or general overview of matters which may be of interest to you. It is not comprehensive and does not constitute medical, health, business, management, or legal advice. You should always obtain medical, business, legal or other professional advice, appropriate to your own circumstances, before acting or relying on information provided to you in a course.

 

LIABILITY AND INDEMNITIES 

  1. You agree that Healthy Mind Academy, and its directors, employees, contractors, agents and representatives (indemnified officers) are in no way responsible for any personal injury, loss or death you may suffer as a result of participating in the training, coaching mastermind groups, courses and any other related activity, and you hereby agree to irrevocably and forever release, indemnify and hold harmless Healthy Mind Academy and its indemnified officers from any and all claims that you have now or may have in the future against Healthy Mind Academy (or its indemnified officers) arising out of or in connection with participation in the training, courses, coaching, mastermind groups, and all activities. Additionally, Health Mind Academy (and its indemnified officers) are not in any way responsible for any loss or damage of personal property.
  2. Any conditions, rights, warranties or guarantees implied by law into this Product Agreement are expressly excluded to the fullest extent permitted by law, but nothing in this Product Agreement excludes any right or guarantee you may have under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) and any equivalent state or territory legislation or other rights in relation to the supply of goods or services that cannot lawfully be excluded.

 

  1. If the Australian Consumer Law applies to any of the goods or services we provide to you under this Product Agreement, our total liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis (Liability) to you for loss that you suffer or incur relating to our failure to comply with any consumer guarantee set out in the Australian Consumer Law is limited to (at our election):
  • in the case of the services, the re-supply of the services or the payment of the cost of having the services supplied again; and
  • in the case of the goods, replacing those goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or acquiring equivalent goods, or paying the cost of having the goods repaired.
  1. To the extent permitted by law:
  • Healthy Mind Academy (and its indemnified officers) excludes Liability for all direct, indirect, or consequential liabilities, losses, damages, costs and expenses, whether arising in contract, tort or otherwise, suffered or incurred by any person in connection with or in any way relating to advice, training, consulting, and courses provided by Healthy Mind Academy; and
  • our total Liability and the total Liability of our indemnified officers in connection with this Product Agreement whether under contract or tort, will not in any circumstances exceed the total amount you have paid us for the product to which your claim relates.

 

PHOTOGRAPHS & TESTIMONIALS 

  1. During a live online course, you are able to participate without your video being on. This will mean that the instructor and other course participants will not be able to see you.
  2. Health Mind Academy may take photographs and/or screen recordings of you and/or others participating in a course from time to time. You will be given notice of any photograph or screen recording before it is taken and given the option to be excluded. You understand these photographs or screen recordings may be used in marketing materials published by Healthy Mind Academy, including on social media accounts.
  3. Health Mind Academy may ask for feedback or a testimonial from you, to be used in marketing materials published by Healthy Mind Academy. You reserve the right to say no.

 

INTELLECTUAL PROPERTY AND CONFIDENTIALITY 

  1. Healthy Mind Academy reserves all rights in relation to intellectual property created and used by it in training, coaching, mastermind groups and courses and in any information or documentation provided during training and courses. Healthy Mind Academy has taken reasonable care to ensure that it has permission to use the intellectual property of others. Misuse of any intellectual property of Healthy Mind Academy (including distributing, modifying, transmitting, reproducing, or using the content without prior consent) is strictly prohibited.
  2. You agree to keep confidential all information disclosed by or on behalf of Healthy Mind Academy, its indemnified officers and any other participant in a training or course (each, a discloser). You must not disclose the confidential information except with the discloser's consent or to the extent required by law.
  3. You agree that your obligations relating to intellectual property and confidential information continue after your engagement of Healthy Mind Academy ceases.

 

PAYMENT 

  1. Healthy Mind Academy provides some training and courses for a fee and other training and courses for free. If there is a fee payable for a course, you will be notified in advance.
  2. Where Healthy Mind Academy provides a course for free, you acknowledge that provision of the course and your participation in the course constitute good consideration for the purposes of this Product Agreement.
  3. We use third party gateways, such as Stripe, to process payments for purchases made on our website. Your use of those third-party services is subject to those third parties' terms.
  4. Unless otherwise expressly stated in writing, all amounts are in Australian dollars and GST will be added for Australian participants and student. If GST is payable, the amount of GST will be specified separately in the relevant documentation.
  5. You represent and warrant that all details you provide to us for the purpose of purchasing the course, program, consulting, or training from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product. We reserve the right to obtain validation of your payment details before providing you with the product.
  6. If your payment is dishonoured or reversed for any reason after it has been submitted, you must immediately make the payment again. If you do not pay the fee for a course before the course commences or within a reasonable timeframe thereafter, Healthy Mind Academy may refuse you entry or otherwise exclude you from any of its training and courses in the future.

 

REFUNDS 

  1. We only accept returns as set out in this clause or as required under Australian Consumer Law or other laws that cannot be lawfully excluded. It is your responsibility to assess the suitability of our products prior to making a purchase. We do not offer refunds or exchanges for change of mind.
  2. Where stated, we may offer a partial or full refund where you have watched all the lessons in full and completed the workbook within fourteen (14) days of the date of purchase of the Healthy Mind Academy course. Evidence of completion of the workbook within this timeframe must be supplied. 
  3. In the event that the goods or services cannot be delivered on an agreed date, we will contact you to arrange an alternative time. If no alternative time can be agreed upon, we will offer a partial refund.
  4. For the Healthy Mind Academy Mastermind Program, group members agree to join the membership program for a minimum of six months (paid in full or in monthly instalments). Members must provide 48 hours notice of their wish to cancel their membership after their initial six month period or they will continue to be billed on a monthly, ongoing basis. Access to the Mastermind materials is only available for the duration of membership.
  5. New members of the Healthy Mind Academy Mastermind Group members can cancel their membership within an initial 14 day period of joining with no refund being offered for one month of membership if they can show good reason why the Mastermind Group is not suitable to their needs.
  6. Members will be billed at the rate they joined the Healthy Mind Academy Mastermind Group while they are a member in good standing. Members who leave and re-join the membership will be charged at the current rate of the program at that time and commit to the program for an initial six month period.

 

GENERAL 

  1. This Product Agreement is governed by the laws of Queensland, Australia.
  2. If any portion of this Product Agreement is deemed by a court of competent jurisdiction to be invalid, then the remainder of the agreement form shall remain in full force and effect.
  3. Healthy Mind Academy may refuse you entry or otherwise exclude you from any of its training and courses for any reason, including if you do not comply with any part of this Product Agreement at any time.

Last updated: 2 January 2024