You pay US$ 27 right now for one month access to the Thriveroo Community. In one month from now, if you do not cancel, you will be automatically billed US$ 27 again until you cancel.
You understand that this monthly fee is non-refundable. You can cancel your membership at any time and will not be billed in future. You can cancel yourself by logging in to your account: click on your avatar form page header, select settings from the dropdown and click billing info for the option to cancel. These instructions are also available in Thriveroo Community. It’s quick and easy. Alternatively you can email me at [email protected] . Please allow at least 7 days prior your next billing date and put "cancel membership" in email subject line.
When you cancel, you lose access to the Thriveroo Community, group calls, replays, tools or bonuses related to this program at the end of your current billing cycle.
You also agree to the following Terms & Conditions:
TERMS AND CONDITIONS
These Terms and Conditions (Terms) apply to the client using our Services. In using the Services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on the Website from time to time.
Confidential Information means any written or oral information that is provided or disclosed by either party directly or indirectly through any means that is not already in the public domain, and may include personal information, business information, recordings of group sessions, and information provided by you or other participants as part of the Services.
Group Forum means a message board, chat room or other interactive services on the website. It is a private group discussion platform.
Materials means ebooks, literature, newsletters, audio and video recordings, email content, or other material which we may provide you with as part of the Services or which enable us to provide the Services to you from time to time.
Member means a member of the Website or our Services who has access to the Content and products and services that may be on or offered through the Website from time to time.
Personal information has the same meaning as set out in the Privacy Act 1988 (Cth).
Program means the online program which includes modules, videos, private group zoom calls , guest speakers, classes and other materials from time to time as advised on or through our website.
Services means our group calls via zoom , group discussion forum/platform you can access via the online program on the website, and related services provided by us, and as agreed from time to time.
We, Our and Us means tanjawindegger.com, Tanja Windegger (ABN 20373413268) including its directors, employees, contractors and affiliates.
Website means tanjawindegger.com
You means the client using the Services.
HOW IT WORKS
Our Program is available to any Member who prepays and signs up for our Member Services.
You will be provided with immediate access to an online course, handouts, videos and other materials (together ‘Content’) to work through at your own pace.
You will also have the option, during this period, to attend our weekly group zoom calls and join a private group discussion forum (‘Group Forum’).
In joining the Group Forum offered as part of the Program, you agree at all times to abide by our Forum Rules.
We will provide the Services to you in accordance with these Terms. You are bound by these Terms when you instruct us to proceed, by making a payment, or by confirming acceptance via email or other written means.
In order to receive benefit from the Services, we recommend that you commit to the full period for our sessions and programs.
You are not permitted to on-sell, share or otherwise give access to the Program to any other person. Your access of the Program is for your own personal use and any other use or access is not permitted.
Where we provide any group programs or services with other participants, by agreeing to these Terms and participating in our Services, you agree to abide by our Group Forum Rules.
GROUP FORUM RULES (“Rules”)
By signing up for our memberships and contributing to or participating in any group calls, discussion forums, including zoom chat and any social media forums, you agree to the following Rules:
You may join any or all of the group zoom calls but you are not permitted to grant access to, nor have any other person attend the calls. The calls, facilities, services and all aspects of the Group Forum are strictly limited to registered Members;
Any recommendations, comments, information, or posts (together “Posts”) you make to the program on our website will abide by our Rules and will be made in the spirit, culture and ethos of the website;
You will not post any disturbing images including but not limited to self-harm or that may be likely to induce any self harm;
You have the legal right to post any images, stories, articles, or other content and by posting, it does not breach any third party rights;
You agree you will only make Posts in good faith and will not use aggressive, defamatory, rude, or offensive language. We will not condone bad language nor will we permit false claims, defamation, harassment, fraud, collusion, or Posts that may offend any person, visitor, or other third party. We can at any time, in our sole discretion, remove any Post and block your access to the member area without notice;
Posts are not permitted that: encourage illegal intent; contain ads, links or other forms of advertising; solicit business; are abusive or malicious against any other participant, our staff or any third party;
We will also take action, where required, against any person that does not abide by these Rules in relation to Posts and where any action is taken against us by any person, visitor or any or third party as a result of your Post;
You may post recommendations, experiences and other information to the Group. You agree to only do so in good faith, with honest explanations using appropriate language, truthful descriptions and helpful comments;
The posting of comments, reviews and your experiences on the Website or in any forum is meant to try to help other group members, and to share your guidance and information. Our aim is to encourage helpful comments and feedback and hope that you will assist, benefit and find this initiative helpful. We ask that you carefully consider any comments you may post and the impact these may have in a respectful manner and ensure that these are in keeping with the ethos of the group;
You understand and agree that Tanja Windegger may review and delete any content, including but not limited to images, messages, photos, profiles or material that in the sole judgment of Tanja Windegger violates these Rules, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of group members. You may be banned from using the website and our Services at any time and in the sole discretion of Tanja Windegger;
Opinions, advice and all other information expressed by participants in discussions or Posts are those of the author and not Tanja Windegger and anyone associated with our business or services. You rely on any such information at your own risk and need to make your own enquiries before taking any action related to any Post;
Any action you choose to take with any other member or person on or through this group or by using our services, including but not limited to the provision of your personal information, telephone, email, arranging a meeting or other activities with anyone on or through this group at your own risk. We are at no time responsible for or liable for any action you choose to take under any circumstance;
Any reliance you place or action you choose to take based on any comments, recommendations, tips or information provided by any other Member is your own decision and you do so at your own risk. We are at no time responsible for any action or decision you make; and
Confidentiality of the group calls and individual group members is essential and paramount to the success of the group as well as a fundamental requirement for our services. You are at no time to convey any group sessions or information obtain directly or indirectly from the Services or group to any person at any time. Any breach of confidentiality will be taken seriously and immediate action will be taken. You will be immediately blocked from the group forum and group zoom calls, any further sessions or Services and, where appropriate, legal action may be taken.
By providing us with your payment and credit card details, you authorise payment for the Services. We require full payment in advance for the Program and all Services.
All Programs and Services are non-transferrable.
In the event that we fail to receive payment, or if you do not perform your obligations under these Terms, we may refuse to continue to provide the Services including access to the Program until such time as we receive your payment.
WARRANTIES, CANCELLATION AND REFUNDS
Legislation may confer certain rights, warranties, guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (ACL). At no time are these statutory rights sought to be excluded. For clarity, Tanja Windegger permits all rights you may have in relation to any warranties, refunds and cancellation rights that you may claim under the ACL.
We represent and warrant that:
- in providing the Services, we will comply with all applicable laws and industry standards;
- the Services will be provided to a high standard in accordance with best practice; and
- the scope of the Services will be limited to that agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in our sole opinion, it would benefit you or be required to meet the requirements of these Terms.
Cancellation and Refunds for Monthly Member Access: You can cancel your monthly payments yourself by logging in and cancelling your payment. If you have any difficulty doing so, please contact us at least 7 days prior to your next payment becoming due via email ([email protected]) with the subject line “cancel membership. When you cancel, you will lose access to the Services at the end of the month period for which payment has been received. There are no refunds for months you have received access to our Services and all monthly payments are non-refundable so you need to ensure you cancel before the next monthly payment is deducted from your nominated payment method. You will then lose access to the Services at the end of your paid month.
Cancellation and Refunds for Annual Member Access: You have seven (7) days from your initial annual Member payment to request a full refund by emailing us at ([email protected]) with the subject line “request refund”. If you do not cancel for the following year prior payment being due, it will be automatically deducted from your nominated payment method for the next year.
Once you cancel your Member Access, you will lose access to all Services after the period you have paid. For clarity, you will receive access to membership and our Services for the year you have paid in advance only.
Any other refund will be provided in our sole discretion and we will at all times abide by Australian Consumer Law with respect to all refunds. At no time do we seek to exclude or limit your statutory rights with respect to any refund.
You acknowledge and agree that:
- results of the Services will vary from individual to individual as performance, progress and success of any particular part of the Services are dependent on your own situation and participation, and other factors beyond our control.
- you are solely responsible for your own progress. You are not to participate in any of our sessions or programs while you are under the influence of drugs or alcohol.
- if at any time during the Services you feel that your progress is not as expected, it is your responsibility to advise us immediately of any concerns in order to give us an opportunity to make reasonable efforts to resolve the concerns, however at no time do we guarantee or warrant any increase or altered progress or performance; and
- You need to make your own enquiries to determine if the information, programs, products and services offered are appropriate for your intended use and suitable for your needs prior to engaging in any sessions, Group Forums or programs. You should, before you act on or use any of the information, Content, or any recommendation by any person who may attend any group session, consider the appropriateness of this information having regard to your own personal situation and needs. You take full responsibility and risk for making any decision based on our Content, information or Services.
- Our products, services and information are not intended or to be construed as, or to replace professional medical or health advice. The sessions and information provided as part of our Services are educational and are at no time to be relied upon as personal advice. All decisions about treatment and management of any condition should be made with a healthcare professional, considering your personal medical history and circumstances. You are responsible for consulting a suitable medical professional prior to commencing any of our Programs.
If at any time any aspect of the Services are not reasonably acceptable to you, or both parties disagree on the quality, substance, or the parties disagree for any reason on the Services, you must immediately notify us of any such reason, the specifics and give us a reasonable opportunity to respond and address any concerns. Feedback and discussion are important to the sessions and the provision of the Services and it is up to you to provide such feedback in order to give us an opportunity to resolve any issue quickly and effectively.
If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time must any communications or discussions be made public, including but not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute on the work, quality or ownership that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.
We may provide you with Materials from time to time to enable the provision of the Services. All Materials are provided without warranties of any kind, both express and implied. Any Materials, both tangible and intangible, which are provided or may be developed as a result of or during the Services is and will remain our property at all times. No Materials may be reproduced or used for any purpose other than your personal private use and at no time may the Materials be reproduced and provided to third parties without our express written permission.
TERMINATION OF MEMBER ACCESS
You are solely responsible for cancelling your membership through the Website or by contacting us.
We have the right to terminate or suspend your membership and access to the Website, with or without notice for any breach of these Terms or any reason in our sole discretion.
We may terminate or suspend your membership if you fail to pay any fees or payments for Services when payment is due.
We may terminate or suspend your membership if you behave in a way that is risky or seriously inappropriate, threaten or harass others, act in an improper manner, attend group calls while under the influence of drugs or alcohol (including any marijuana products) or provide instruction or information to other Members where you are not authorised by us to do so.
We may also bar you from our Services and cancel your membership if we receive complaints about your behaviour, in our sole discretion.
We may terminate or suspend your membership if you are suspected of fraudulent, abusive or illegal activity and may refer the matter to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the Website and our Services immediately ceases and we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our Website and Services.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
If you cancel or we terminate your membership, in accordance with these Terms, we are not obligated to provide any refund of any fees that may have been paid in advance.
LIMITATION OF LIABILITY
You take full responsibility and assume all risk for making any decision based on the Content, any group Information contained in or as part of the Services.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, damage or injury which may result from your use of or reliance on the Information, sessions, Content. the Services or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, injury or damage to person or property.
Our liability is governed solely by the Australian Consumer Law (‘ACL’) and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your statutory rights.
Except for your statutory rights, all goods and Services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.
When your statutory rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option, the supply of any Services again or the payment of the cost of having any Services supplied again. For clarity, under ACL, you may have, in some circumstances, the right to ask us to supply our services again at no cost; or, if we decide we cannot or are unwilling to do so, we may pay for another business to provide the services to you, at our option.
In the event of any successful claim, our liability is limited to the amount of the fees for Membership Services last paid by you to us.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special.
This indemnity includes all legal fees resulting from your breach of our Terms, any third-party claims including but not limited to your family or relatives, any activity you may engage in through any use of our Services, or your use of the Services.
This Agreement is governed by the laws from time to time in force in the State of Queensland, Australia. Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of Queensland, Australia for determining any dispute concerning these Terms.
UPDATED April 2021