DrKaitlin.com (ABN 80 610 569 959) owns, operates and provides this Website and provides the Services.

1. Accessing the Website or Services

1.1 By accessing this Website or the Services (including when you purchase Goods), you agree to be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, you must not use the Website or access the Services. All materials contained in this Website and provided via the Services are protected by applicable intellectual property law.

1.2 Use of parts of the Website or Services (including those parts which are accessible to members of the public) may also be subject to disclaimers or additional terms, which are incorporated into these Terms and Conditions.

1.3 We may in our sole and absolute discretion, for any reason or no reason, and without notice (but subject to any statutory law):

(a) alter or withdraw any functionality on the Website or Services;
(b) withdraw or suspend access to all or any part of the Website or Services and any Account;
(c) monitor the use of the Website or Services;
(d) subject to our Privacy Policy and any applicable privacy laws, treat any material that you transmit to us or display as non-confidential and non-proprietary; and
(e) edit or remove any material that you may have uploaded, posted, emailed or otherwise transmitted to us or via the Services.

2. Goods and Services – limitation of liability

2.1 We do not provide individualised services and all Goods and Services do not take into account your personal needs or circumstances.

2.2 Goods and Services are provided via online videos, audio, articles, electronic documents or other methods as available from time to time.

2.3 While every effort is made to ensure that the Content, Goods and our Services are accurate and up to date, we make no representations or warranties in relation to the accuracy, usefulness or completeness of the information provided.

2.4 Subject to applicable statutory law, we exclude all representations and warranties relating to the Content and use of any information or Services, including in respect of whether any outcome can or is likely to be achieved as a result of the Services.

2.6 All information is of a general nature only. We have not taken into account your individual needs and circumstances. It is your sole responsibility to ensure that the Content and Services provided meet your needs and requirements.

Services and consulting your medical practitioner

2.7 You should consult your medical practitioner or other health professional regarding the applicability of any Content, opinions or suggestions made in the provision of the Services with respect to any symptoms, medical (including but not limited to pregnancy), mental health or psychological condition.

2.8 The information provided via the Services should not be used other than in conjunction with and in accordance with advice and a treatment program recommended by your medical practitioner or other health professional. Under no circumstances should you cease taking prescribed medication without your medical practitioner’s approval. You should consider the applicability of these opinions to your lifestyle and physical condition. You should consult your medical practitioner or other health professional before any change in lifestyle or commencing an exercise programme.

2.9 You agree that due to the online and general nature of the Content and Services provided, we are unable to ascertain all relevant information regarding your needs and circumstances and therefore we cannot be responsible for any adverse effects from your use of the Services or Content, which you use at your own risk. It is your responsibility to engage with Services or Content in a way that is safe for you. If in doubt, consult your medical practitioner before using the Services or Consent.

3. Your Licence – Website and Content

3.1 Permission is granted to view and use the Content for your personal, non-commercial purposes only. The Licence for Paid Content is only granted on payment of the relevant Fee.

3.2 This is a grant of a licence, not a transfer of title, and under this licence you may not:
(a) modify or copy the Content;
(b) use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
(c) attempt to decompile or reverse engineer any software contained on the Website;
(d) remove any copyright or other proprietary notations from the Content; or
(e) transfer the materials to another person or “mirror” the Content on any other server.

3.3 Your licence under this clause shall automatically terminate if you breach any of these Terms and Conditions. In addition, we may at our discretion, terminate the licence (but not for Paid Content). Upon termination of the licence, you will have no right to view the Website or any of the Content and you must destroy any downloaded materials in your possession or control, whether in electronic or printed format.

4. Use of the Website

4.1 You must not, in connection with the use of the Website or Services, act in a manner which:

(a) is contrary to any law or any person’s rights, or which may encourage a person to act in a way which is contrary to any law or any third-party’s rights;
(b) may result in damage to the Website or any of our property or equipment or that of our directors, employees, contractors or agents;
(c) may restrict, disrupt or inhibit any other person from using or enjoying the Website or Services;
(d) endangers the health or safety of any person;
(e) may cause an interference to any business conducted by us;
(f) upload, post, email or otherwise transmit any of the following to, or through, the Website or the Services:

(i) confidential material
(ii) misleading or deceptive material;
(iii) material which you do not have a right to upload, post, email or otherwise transmit, such as material which is protected by copyright, patent, trade mark, service mark, or any other proprietary right, without first obtaining express permission from the owner of the material or relevant right holder and providing with the material appropriate acknowledgement of existence of the right and the permission of the right holder; or
(iv) material which contains a virus, or other harmful or potentially harmful code;

(g) alter, damage or delete any material on the Website;
(h) hold yourself out as having any authority to act on behalf of us; or
(i) collect or store personal information about others in a manner which is inconsistent with these Terms and Conditions.

4.2 You must obey our lawful instructions in using the Website and Services.

5. Accounts and purchases

5.1 In order access the Services, you may first be required to register a personal, individual account by creating a username and a password and by providing such information as may be required by us from time to time, including your real name, contact telephone number, and if required, billing address, bank account details and a valid credit or debit card that we approve and accept.

5.2 Account names must not be:

(a) misleading or deceptive;
(b) offensive;
(c) in violation or any law or third-party rights.

5.3 We may, at out sole discretion and for any or no reason, refuse registration of, or cancel an Account.

5.4 You are solely responsible for activity on the Account, including purchases of Goods, Services and Paid Content and are responsible for maintaining the confidentiality of the Account password.

5.5 You may access certain Goods, Services and Paid Content by paying the Fee as set out on the Website.

5.6 Access to Paid Content is personal to you and may not be copied, transferred or distributed without our express written consent.

5.7 Unless otherwise stated, all Fees exclude any applicable GST. When purchasing from within Australia, 10% GST may apply to your order. GST does not apply for orders from outside of Australia, though you may be subject to other taxes in the place you are located. GST is applicable for online courses, as they do not constitute a GST free psychological service. The prices of Goods sold include any applicable GST when purchased in Australia and do not include GST when purchased outside of Australia.

5.8 We use third-party payment gateway providers to facilitate payments. By using the services provided by the third-party payment providers, you agree to the third-party payment provider’s terms and conditions of use.

5.9 If you choose to purchase an online course, then this will be delivered electronically via our platform partner and is subject to their terms and conditions and may require separate registration.

6. Privacy

6.1 You agree that your personal information will be collected, handled, used and stored in accordance with our Privacy Policy, which can be accessed at www.drkaitlin.com.
6.2 Without limitation to the terms of our Privacy Policy, you agree to the collection and storage of the following personal and sensitive information, including:

(a) Identifying information such as name and date of birth;
(b) contact information such as home address, home and mobile phone numbers and email address; and
(c) health history

6.3 We may use personal information collected from you to provide you with information, updates and our Services. We may also make you aware of new and additional products, services and opportunities available to you, provided by us. We may use your personal information to improve our products and services and better understand your needs. If you do not want your personal information to be used for marketing purposes, you can “opt-out” by emailing hello@drkaitlin.com or unsubscribing.

6.4 We may contact you by a variety of measures including, but not limited to telephone, email, sms or post.

6.5 We may disclose your personal information to our employees, officers, insurers, professional advisers, agents, suppliers, service providers’ customers or subcontractors insofar as reasonably necessary for the purposes set out in our Privacy Policy. Personal information is only supplied to a third-party when it is required for the delivery of our Services, for our marketing purposes or dispute resolution.

6.6 We offer email communication via hello@drkaitlin.com, however, engagement in electronic communication does not create a therapeutic, business or any contractual relationship. While we maintain high standards of confidentiality, as documented in our Privacy Policy, we cannot guarantee the security of communication in such situations due to the inherent risks of online communication. There are also situations where we might be required to disclose the content of such communication, such as in the case of a court order.

7. Intellectual Property

7.1 The Intellectual Property Rights in the Content and all material supplied by us via the Services or on the Website are owned by us.

7.2 Access to Content and all material supplied by us is granted to you by way of a revocable non-exclusive licence and no Intellectual Property Rights are assigned or otherwise transferred to the you by these terms and conditions.

7.3 The Intellectual Property Rights in all material and content posted or submitted by you in the course of receiving Services or on the Website are the intellectual property of that you. However, subject to our Privacy Policy and applicable privacy laws, you grant a free and irrevocable licence in perpetuity to us and our assigns and successors to use any part or the whole of any intellectual property, in any form, for any purpose it deems fit, including for advertising and marketing of the Website or any other products and services offered by us, our related bodies corporate, partners, advertisers, suppliers or contractors.

8. No warranties and your indemnity

8.1 Due to the nature of the Services we provide and the individual personal circumstances of users, we make no warranty as to the results that you may or may not achieve using the products and Services we provide. The Content, Goods and Services we provide are general in nature only and for educational purposes, supplementary to your own health practitioner’s advice and treatment.

8.2 To the extent permitted by law, we exclude all representations and warranties, express or implied, other than those contained in these terms and conditions. Where we are found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude (such as under the Competition and Consumer Law Act 2010 (Cth)), our liability is limited (to the extent permitted by law) at our option to the following:

(a) in the case of goods supplied or offered by us:

(i) to the supply of those goods again; or
(ii) to the payment of the cost of having those goods supplied again; or

(b) in the case of services supplied or offered by us:

(i) to the supply of the services again; or
(ii) to the payment of the cost of having services supplied again.

8.3 Neither we nor our related bodies corporate, directors or employees accept liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:

(a) your use of or inability to use the Website or the Services,
(b) any virus or other harmful, or potentially harmful, code which may be transmitted in connection with use of the Website or the Services;
(c) any information available on or through the Website or on or through any website to which there is a link from the Website; or
(d) to the maximum extent permitted under law, our negligence or the negligence of any of our related bodies corporate, directors, officers, shareholders, employees, provider institutions or agents.

8.4 You indemnify us, our related bodies corporate, officers and employees, and service providers) from and against all:

(a) liability to any third-party;
(b) damage to property; and
(c) other liability, damage or loss;

insofar as the injury, damage or other liability, damage or loss is attributable to that your negligence, breach of these terms and conditions, or unlawful or wilful action in connection with these terms and conditions, your performance, or the failure to perform them.

9. Revisions and Errata
The materials, including the Content on our Website or communicated in the course of providing the Services could include technical, typographical, or other errors. We do not warrant that any of the Content is accurate, complete, or current. We may make changes to the Content at any time without notice. We do not, however, make any commitment to update the Content.

10. Links and Advertising
We have not reviewed sites linked to or from the Website or third-party advertising. All links and advertising provided are for your convenience only, and we are not responsible for the content of any such linked site or advertising. The inclusion of any link or advertising does not imply endorsement by us of the relevant site, goods or services. Use of any such linked website or advertising is at your own risk.

11. Modifications
We may revise these Terms and Conditions at any time without notice. By using this Website or the Services, you are agreeing to be bound by the then current version of these Terms and Conditions.

12. Notices
You consent to the receipt of electronic communications and agree that all notices, agreements, disclosures and other communications provided electronically satisfy any legal requirements for ensuring communication be in writing.

13. Governing Law
Any claim relating to these Terms and Conditions or the use of the Website or Services shall be governed by the laws of the State of South Australia, Australia without regard to its conflict of law provisions, and you agree to submit to the jurisdiction of the Courts of that State.

14. Severance
If any provision of these Terms and Conditions is held invalid, unenforceable, or illegal for any reason, these terms and conditions remain otherwise in full force and effect apart from such provision which will be read down to the extent of the invalidity, unenforceability or illegality, and if it is not possible to read down the provision it, will be deemed deleted.

15. Definitions
Account has the meaning set out in 5.1.
Content means the information provided on our Website, and in the course of the Services and includes audio and video content, documents and electronic materials, and includes Paid Content if you have paid the relevant Fee.
Fee means the amount payable by you for Content, Goods or Services as shown on the Website from time to time.

Goods means any goods made available via the Website, including online courses.

GST means Goods and Services Tax, as applicable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to copyright (including ancillary rights such as Moral Rights), trade marks, designs, patents, circuit layouts, business and domain names, inventions and Confidential Information, and other results in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable. These rights include:

(a) all rights in all applications to register these rights; and
(b) all similar or corresponding rights.

Moral Rights means the right of integrity of authorship (that is, not to have a work subjected to derogatory treatment), the right of attribution of authorship of a work, and the right not to have authorship of a work falsely attributed, as defined in the Copyright Act 1968 (Cth).

Paid Content means Content that is accessed via the payment of a Fee.

Services means the provision of an online platform that provides access to general wellbeing practices, yoga, related information and goods and services without consideration of individual needs, including Content and Paid Content.

You means any person accessing the Website or Services provided by us.

We, our, us means DrKaitlin.com, ABN 80 610 569 959.

Website means the domain www.drkaitlin.com and all sub-domains, as well as any social media account held or operated by us.