TERMS AND CONDITIONS

Last updated on 8/10/24

Welcome to The Red Flag Project, a website run by Change Your World Pty Ltd ACN 150 233 524!
In these terms, we also refer to Change Your World Pty Ltd ACN 150 233 524 as “our”, “we”, or “us”.
And you are you.
What are these terms about?
These terms apply when you sign up for our coaching services through our website, being www.theredflagproject.com and any other websites we operate with the same domain name and a different extension (Website).
Key Words used in these terms
To make it easier for you to understand the terms on which we provide, and you use, the Services, we’ve tried to keep these terms of use (terms) as simple as possible by using plain English.
When we say “Coaching” in these terms, we mean our one-on-one coaching consultations, our group coaching programs or packages (Consultations) and any of the services provided during our Consultations, including access to our content, resources and associated materials (together, the Services).
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
Acceptance of these terms
Before you sign up for our Services, or otherwise engage with the Services, please carefully read these terms. If you don’t agree to these terms, this is not the right service for you. By booking our Services when you create an account, or otherwise proceed to engage with the Services, you agree to be bound by these terms.
1 BOOKING OUR SERVICES
(a)
To book our Services, you will need to create an account (Account) and pay the Fees (as defined in clause 4(a)(i)).
(b)
By creating an Account and paying the Fees or otherwise accessing the Services (Booking) you represent and warrant that:
(i)
you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and
(ii)
you are authorised to use the debit or credit card you provide for your Booking.
(c)
Booking the Services constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with the Services you have ordered in exchange for your payment of the total Fees listed upon checkout.
(d)
These terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Booking has been accepted.
(e)
The Services are designed to assist people to do the self-development they need to find develop healthy connections and authentic fulfilling relationships.
(f)
We will endeavour to ensure that the Services provided will be substantially the same as the Services as described on our Website.
(g)
You are responsible for managing your Account and ensuring that you only access and engage with the Services in an appropriate manner.
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2 CONSULTATIONS
(a)
The Consultations are provided through one-on-one video chat or group video chat with The Red Flag Project Personnel.
(b)
‘Date Differently’ consultations comprise 6 group sessions lasting 90 mins each in duration and facilitated by Dr Gemma Gladstone and Dr Justine Corry. Sessions are run on the Zoom platform.
(c)
The persons conducting our Consultations are suitably qualified Personnel, as described on the Website.
2.2 YOUR OBLIGATIONS
(a)
(Timing) It is your responsibility to ensure you attend your Consultation at the agreed time. The Consultation will start and end at the scheduled times, regardless of whether or not you attend the Consultation on time (subject to clause 2.3). You will not be entitled to a refund in respect of your Consultation on the basis that you failed to attend.
(b)
(Video Conference) Your Consultation will occur via a third party online video conferencing application (Consultation Platform), which we will notify you of prior to your Consultation. We recommend downloading the Consultation Platform prior to the Consultation’s scheduled start time. You agree to the Consultation Platform’s terms and conditions, and its policies apply to our provision of the Consultations to you. At the time of these terms, the Consultation Platform is Zoom, and their Terms of Service are available here: www.zoom.us/terms.
(c)
(Consultation Platform Issues) Any technical or other issues with the Consultation Platform should be directed to the Consultation Platform to troubleshoot the issue. We will not be liable for any loss or damage suffered as a result of or in connection with issues on the Consultation Platform.
2.3 CONSULTATION CANCELLATION
(Cancellation or Rescheduling Consultations) For one-on-one consultations, you agree to attend your booked Consultations. If you cannot attend, or wish to reschedule a booked Consultation you must give us at least 72 hours’ notice. If you provide at least 72 hours’ notice you will be able to reschedule that particular Consultation for another time. If you cancel with less than 72 hours’ notice we may not be able to re-schedule a replacement Consultation at such short notice and you will forfeit your right to that Consultation. For group coaching consultations such as the Date Differently program, if you do not attend for part of a session or miss a session for whatever reason, your forfeit that session and you cannot accrue that missed session for a session falling within another future group program. You will have access to any missed group session by viewing the recording.
CONSULTATION LIMITATIONS
While we will use our best efforts to make the Consultations useful for you, you agree that:
(a)
we provide information only;
(b)
we make no warranties in relation to our credentials or qualifications, other than those that are explicitly stated on the Website;
(c)
the information provided in the Consultations may not be completely accurate or comprehensive;
(d)
while our Personnel are highly experienced professionals, the Consultations constitute solution-focused psychological coaching, NOT psychological therapy or any other type of clinical therapy, nor do they create a therapeutic relationship with The Red Flag Project or its coaches or consultants, in any way;
(e)
we make no warranties in relation to the information provided during Consultations being effective, fit for any particular purpose, suited to you, or compliant with any particular law;
(f)
we make no warranties that the Consultations will bring about any particular result for you, or that the Consultation will cover any particular content or information;
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(g)
in order to enhance the benefit obtained in a Consultation, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Consultation;
(h)
all information provided by us during the Consultation is general information. No information provided in the Consultations is intended to be professional advice of any kind and it should not be relied on as such; and
(i)
you should obtain specific medical, psychological and other professional advice before relying on the information provided during a Consultation. By not seeking such advice, you accept the risk that the information contained in a Consultation may not meet your specific needs.
2.4 COLLECTION NOTICE AND PRIVACY
(a)
We may collect personal information about you in the course of providing you with Consultations, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
(b)
Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
(c)
By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.
3 DATE DIFFERENTLY COACHING PROGRAM
(a)
If your Booking is for the Date Differently Coaching package, you will be entitled to 6 weekly group coaching sessions and access to our Love-Traps course.
(b)
We will endeavour to ensure that the Date Differently program will be substantially the same as it is described on our Website.
(c)
Subject to your compliance with this Agreement, and payment of Fees, your access to the Date Differently session recordings and the Love-traps course will be available for a period of 24 months and we will take reasonable steps to notify you when your access is due to expire.
3.2 COACHING AND COURSE MATERIAL
(a)
Our Date Differently program and Love-Traps course will contain Material, in which The Red Flag Project owns or licenses the Intellectual Property Rights (Coaching and Course Material). Coaching and Course Material may include videos, e-books made up of web pages or other documents, text, graphics and images, group coaching session to be viewed online through your Account.
(b)
The Red Flag Project retains ownership of all Coaching and Course Material and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, and software) and reserves all rights in any Intellectual Property Rights owned or licensed by The Red Flag Project.
(c)
You must not give your access to any recordings or courses to any other person.
(d)
We will only revoke your licence and terminate your membership if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing the Material to other people or giving access to your Date Differently recordings and courses to other people, you are making commercial use of or infringing our intellectual property rights in the Membership Material, or if you do not comply with these terms. In the event your license is revoked, and your access is terminated, you will not be entitled to a refund of the Fees.
3.3 NO GUARANTEES
Our Coaching and Course Material have been prepared by suitably qualified Personnel. However, we make no representation or guarantee that any of our Services will be useful or relevant to you or that by applying any ideas, recommendations or techniques in the programs you will achieve any particular outcomes. Many factors will be important in determining your actual results and there is no guarantee that you will achieve results similar to any other person who has used our Services.
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We are not responsible for any of your actions, and any ideas, recommendations or techniques implemented by you are done so at your own risk.
4 PAYMENT
(a)
All Fees are:
(i)
as displayed and accepted by you at the time of checkout (Fees);
(ii)
in US Dollars; and
(iii)
subject to change without notice prior to your Booking.
(b)
(Payment obligations) You must pay the Fees in full at the time of your Booking.
(c)
(GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.
(d)
(Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e)
(Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for Services. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.
(f)
(Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Booking, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Services at the correct Fees or cancelling your Booking. If you choose to cancel your Booking and the Fees have already been debited, the full amount will be credited back to your original method of payment.
5 CANCELLATION BY US
We reserve the right to cancel any
or all of the Services, or your access to the Services, including where we are unable to attend due to sickness or unforeseen commitments. If we cancel a Service or all of the Services and we are unable to organise a catch-up Service or Services, we will refund the pro-rata fees for that Service or the Services.
6 VOUCHERS AND DISCOUNT CODES
(a)
We may provide promotional offers and codes offering a discount on the Services (Voucher). To use a Voucher, you will need to enter its code at checkout.
(b)
A Voucher may not be applied retrospectively. Vouchers are non-transferrable and cannot be redeemed for cash or credit. Additional terms or conditions may apply and these will be set out on the Voucher.
7 OUR PERSONNEL
We reserve the right to change the personnel that are conducting the
Consultations at any point.
8 COLLECTION NOTICE AND PRIVACY
(a)
We may collect personal information about you in the course of providing you with our Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
(b)
Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
(c)
By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.
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9 INTELLECTUAL PROPERTY
9.1 OUR IP
Intellectual Property Rights in the
Services and our Services and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.
You will not under these terms acquire Intellectual Property Rights in any of Our IP.
9.2 DEFINITIONS
For the purposes of this clause
9:
(a)
“Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.
(b)
“Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
10 PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA
Subject to your agreement of non
-disparagement of us and the Services, you may publish general information about what you have learnt from the Services, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in the Services. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.
11 DATA SECURITY
While we will use our best efforts to ensure that your information, data or other electronic materials
(Data) that is being backed-up or stored as part of the Services will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
12 THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES
12.1 THIRD PARTY GOODS AND SERVICES
(a)
The Services may be powered by goods or services provided third parties (including third party platforms) and therefore subject to the terms and conditions of those third parties. Your use of the Services is subject to any applicable third party terms and conditions and you agree to familiarise yourself with all applicable third party terms and conditions.
(b)
To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error of the Services or any issues experienced in Booking.
12.2 THIRD PARTY CONTENT
The
Services may contain text, images, data and other content provided by a third party and displayed in the information provided through the Services (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
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12.3 LINKS TO OTHER WEBSITES
(a)
The Services may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b)
Inclusion of any linked website on the Services does not imply our approval or endorsement of the linked website.
13 SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other
electronic devices arising in connection with use of the Services. You should take your own precautions to ensure that the process that you employ for accessing the Services does not expose you to risk of viruses, malicious computer code or other forms of interference.
14 REPORTING MISUSE
If you become aware of misuse of the
Services by any person, any errors in the material in the Services or any difficulty in accessing or using the Services, please contact us immediately using the contact details or form provided on our Website.
15 SERVICE LIMITATIONS
The
Services is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:
(a)
the Services will be free from errors or defects;
(b)
the Services will be accessible at all times;
(c)
information you receive or supply through the Services will be secure or confidential; or
(d)
any information provided through the Services is accurate or true.
16 NOTICES
(a)
A notice or other communication to a party under these terms must be:
(i)
in writing and in English; and
(ii)
delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.
(b)
Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i)
24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii)
when replied to by the other party, whichever is earlier.
17 LIABILITY
(a)
To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Services, the Website, the Services these terms or any other goods or services provided by us provided by us to the value of the Fees (if any) paid for the Services. If no Fee has been paid, liability is excluded to the maximum extent permitted by applicable law.
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(b)
All express or implied representations and warranties in relation to the Services, the Website, the Services these terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.
(c)
Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund or replacement) if there is a failure with the goods or services we provide.
(d)
(Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
(i)
breach of any of these terms;
(ii)
use of the Services, the Website, the Services or any other goods or services provided by us; or
(iii)
use of any other goods or services provided by us.
(e)
(Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, the Website or the Services, these terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
18 DISPUTE RESOLUTION
(a)
A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
(b)
A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c)
Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
19 GENERAL
19.1 GOVERNING LAW AND JURISDICTION
These terms
are governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
19.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any
right unless the waiver is in writing and signed by the party granting the waiver.
19.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent
that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
19.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or
benefits them jointly and severally.
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19.5 ASSIGNMENT
You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms
without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.
19.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in
connection with negotiating, preparing, executing and performing these terms.
19.7 ENTIRE AGREEMENT
These terms embod
y the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
19.8 INTERPRETATION
(a)
(singular and plural) words in the singular includes the plural (and vice versa);
(b)
(gender) words indicating a gender includes the corresponding words of any other gender;
(c)
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d)
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e)
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f)
(these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(g)
(document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(h)
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i)
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(j)
(adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.