TERMS OF SERVICE

Welcome https:/www.everydaylove.com.au/ (our Site).

This Site gives you an opportunity to browse and purchase products and services for individuals and couples offered by Nowrelate Pty Ltd ACN 107 247 772 trading as Everyday Love (Everyday Love, we, us).

These Terms of Service (Terms) govern your use of this Site, as well as Everyday Love products and services, and form a binding contractual agreement between you and us.

These Terms are important and you should ensure that you read them carefully and contact Everyday Love at support@everydaylove.com.au you have any questions before purchasing our products or engaging our services.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

Everyday Love’s products and services are intended for people aged 18 and over.

ACCEPTANCE OF TERMS

  1. By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
  2. We may change all or part of these Terms at any time.  If we do, the new terms and conditions will be posted on this Site.  Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the products and/or services.

GENERAL DISCLAIMER

  1. Everyday Love provides support, guidance and tools for you to set relationship goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility.
  2. All Everyday Love products and services are intended for general education and information purposes only.  Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer specific medical or other professional advice.
  3. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
  4. You acknowledge and agree that Everyday Love, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

REGISTERING YOUR DETAILS (ONLINE MEMBERS)

  1. You become a member upon registering your details with us.
  2. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
  3. We may at any time request a form of identification to verify your identity.
  4. If you are a registered user or member to this Site, you acknowledge and agree that:
    1. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
    2. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
    3. You will immediately notify us if your Password is lost or becomes known to any other person;
    4. You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
    5. Any information you provide to us for posting or inclusion on our Site , at any time, becomes our property.
  5. To the extent that you provide personal information, Everyday Love will treat such information strictly in accordance with its Privacy Policy.
  6. You must ensure the security and confidentiality of your registration details, including any username and/or Password.  You must notify us immediately if they become aware of any unauthorised use of your registered details.
  7. Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.

YOUR OBLIGATIONS

  1. When using our products and/or services, you may be given access to Facebook groups, other online or in person forums or events in which you may post comments, photos, messages or other material (Your Content).  When posting Your Content, you agree that you will not post or otherwise publish through this Site or any related page such as on Facebook or any other medium any of the following:
    1. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
    2. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or
    3. Information that includes personal or identifying information about another person without that person’s consent.
    4. Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
    5. Any information or content that impersonates any person or entity.
    6. Any material, non-public information about companies without authorisation to do so.
    7. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
  2. By posting or otherwise publishing Your Content on our Site or other associated site, you:
    1. Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
    2. Warrant that you have the right to grant the above licences;
    3. Warrant that Your Content does not breach these Terms; and
    4. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
  3. We reserve the right (but have no obligation) to:
    1. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
    2. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation, governmental request or as required to by law.

PAYMENT TERMS

  1. When purchasing our services, you are responsible for reading the full description of the service offered before making a purchase.
  2. You agree to pay all fees and charges for our services in accordance with these terms and conditions as well as those terms that are detailed under the relevant package you purchase on our Site and you authorise us to automatically deduct all applicable charges and fees from the credit card which you nominate when registering your details with us.

IN PERSON SUPPORT TERMS

Cancellation of appointments

  1. After your initial intake session we likely schedule follow on sessions of a duration and at a time agreed with you and this may be repeated on an as agreed basis. If you arrive late for a session, we may only be able to meet for the remainder of our scheduled time.  Sometimes we will meet more or less than once per week if that is consistent with a plan we both agree to.
  2. In agreeing to see you, we are reserving a block of time for your scheduled appointments. Therefore, it becomes time which we cannot make available for any other person without sufficient notice. Of course we do understand that emergencies can arise and we will try to accommodate in the following way:
    1. if you give 48 hours’ notice of your intention to not use your appointed time, we will not charge you.
    2. If you fail to give us 48 hours’ notice, we reserve the right to charge you for the lost time at our usual fees.

COPYRIGHT AND TRADE MARK NOTICES

  1. All material on this Site or otherwise delivered by us by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it.  Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
  2. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
  3. The trade marks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Everyday Love. The trade marks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Everyday Love, in any manner that is likely to cause confusion with customers, or in any manner that disparages Everyday Love.
  4. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
  5. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Everyday Love will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

CONFIDENTIALITY

  1. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information). By using our products and/or services, you agree to respect the same rights of Everyday Love’s clients and participants (Participants) and representatives of Everyday Love.
  2. You agree:
    1. That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
    2. Not to disclose such information to any other person or use it in any manner other than in discussion with Participants.
    3. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
    4. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
  3. While you are free to discuss your personal results from our services, you must keep the experience and statements (oral or written) of the Participants in the strictest of confidence.
  4. As we value your Confidential Information, we will not disclose it to third parties unless:
    1. We have a genuine fear of a potential suicide, homicide or threat of imminent, serious harm to another individual;
    2. We have a duty to provide a spouse or parent of a deceased client access to their child or spouse’s records;
    3. Duty to release records if subpoenaed by the courts; or
    4. Otherwise required to do so by law.
  5. To best serve you, we may also at times share details of your case with our clinical consultants or supervisors. They are bound by the same rules of confidentiality as we are. We will not use your name and records of any consultation.
  6. Please discuss any questions or concerns you have about confidentiality with us at any time.  If you have specific legal questions about the laws regarding confidentiality, the exceptions, and how they may relate to your situation, please seek formal legal advice.

PROFESSIONAL RECORDS

  1. Access to your protected health information is restricted to Everyday Love. You are entitled to examine and/or receive a copy of your records if you request it in writing unless we believe that seeing them would be emotionally damaging, in which case we will send them to a mental health professional of your choice.
  2. Because these are professional records, they can be misinterpreted and/or upsetting to people who are not mental health professionals.  We therefore recommend that you review them with us first so that we can discuss their contents.
  3. We reserve the right to charge for the costs of copying and sending records if you request them.

RIGHT TO TERMINATE

  1. We reserve the right to terminate your use of the Site or our products and/or services generally if you breach these terms, as determined by us in our sole discretion.
  2. Refunds are not provided for our products and/or services that have been rendered by us, including where you have been given access to Our Content, whether accessed by you or not, unless we are in breach of the Australian Competition and Consumer Act 2010 or unless otherwise detailed on our Site (which may change from time-to-time). For abundant clarity, the relevant refund policy will be the refund policy which is current on our Site at the time of the refund request.

LIABILITY IS LIMITED

  1. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded.  Such rights include, but are not limited to, those rights under Australian Consumer Laws.
  2. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site or Our Content.
  3. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site or Our Content.
  4. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
    1. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
    2. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
    3. Accessing websites or servers maintained by other organisations through links on our Site or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
    4. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

YOUR INDEMNITY

  1. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site or through use of our products or services.

NO ASSIGNMENT

  1. You cannot transfer or assign your Everyday Love membership without Everyday Love’s prior written consent.
  2. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.

DISPUTE RESOLUTION

  1. Should a dispute arise between us, we strongly encourage you to contact Everyday Love at support@everydaylove.com.au to seek a resolution.  Any reasonable requests will be considered and Everyday Love will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

APPLICABLE LAW

  1. These Terms shall be construed in accordance with and governed by the laws of New South Wales Australia. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises between us.

YOUR FEEDBACK

  1. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
  2. If you have questions or comments regarding this Site, or Everyday Love products or services, please email us at support@everydaylove.com.au.

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