Terms & Conditions

 

TERMS OF PARTICIPATION

Please read carefully. By purchasing an online product with Practical Intimacy you (herein referred to as “you” or Client”) agree to the following terms stated herein.

PROGRAM/SERVICE

Practical Intimacy (also known as the Partnership of herein referred to as “we” “our” “Practical Intimacy” or “Company”) agrees to provide the online program selected at www.courses.practicalintimacy.com (herein referred to as “Program”). You agree to abide by all policies and procedures as outlined in this agreement as a condition of participation in the Program.

DISCLAIMER:

NOT FINANCIAL ADVICE

The information contained in the Program is not intended as, and shall not be understood or construed as, financial advice. We are not accountants or financial advisors, nor are we holding ourselves out to be, and the information contained in the Program is not a substitute for financial advice from a professional who is aware of the facts and circumstances of your individual situation.

All investment, financial opinions expressed in the Program and within the Program are from our personal research and experience, and are intended as educational material only. It is very important to do your own analysis before making any investment based on your own personal circumstances. Investors should be aware that prices of investments may fall as well as rise and that the income derived can go down as well as up. When buying or selling any investment that fluctuates in price or value you may get back less than you invested. Past performance is not necessarily a guide to future performance.

We have done our best to ensure that the information provided in the Program and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Program should be understood as a recommendation that you should not consult with a financial professional to address your particular information.

Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions in the Program or for any damage you may suffer as a result of failing to seek competent financial advice from a professional who is familiar with your situation.

NOT TAX ADVICE

The information contained in the Program, including the resources available for download and the courses and services offered through this website, shall not be understood or construed as tax advice. The information contained in the Program is not a substitute for tax advice from a professional who is aware of the facts and circumstances of your individual situation.

We have done our best to ensure that the information provided in the Program and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Program should be understood as a recommendation that you should not consult with a tax professional to address your particular information. The Company expressly recommends that you seek advice from a professional.

Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions in the Program or for any damage you may suffer as a result of failing to seek competent tax advice from a professional who is familiar with your situation.

NOT MEDICAL OR HEALTH ADVICE

The information contained the program is not intended as, and shall not be understood or construed as, medical or health advice. The information contained in the Program is not a substitute for medical or health advice from a professional who is aware of the facts and circumstances of your individual situation.

You understand that Jodie Milton and Reece Stockhausen are not doctors, therapists, health consultants, nutritionists, registered fertility awareness method specialists, nurses, registered dieticians or psychotherapists. You expressly assume the all and any risks of undertaking a program with Practical Intimacy, and take full responsibility for your life and well-being and all decisions made before, during and after any program or service offered through Practical Intimacy.

You agree to observe and obey all posted rules and warnings, and further agree to follow any instructions or directions given by Jodie Milton, Reece Stockhausen, Practical Intimacy and their agents. You understand that the information provided at or in conjunction with any programs or courses, including dietary recommendations and/or supplement advice is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your physician, therapist, licensed dietitian or nutritionist, or any other licensed or registered health care professional.

You understand that the life and relationship coaches of Practical Intimacy and their agents are not medical or mental health care providers and they are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat or cure in any manner whatsoever, any disease, condition or other physical or mental ailment of the human body. Rather, they are serving only in their capacity as coaches, educators, mentors and guides.

You agree to seek the advice of your physician or other qualified health-care professional prior to and during any program or course undertaken with Practical Intimacy regarding any questions or concerns you have about your specific health situation, possible or actual pregnancy, known or suspected food sensitivities or allergies, dietary restrictions, or any medications you are currently taking. You agree to not disregard professional medical advice or delay seeking professional advice or stop taking any medications without speaking to your physician or health care professional.

We have done our best to ensure that the information provided in the Program and the resources available on the website and for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Program should be understood as a recommendation that you should not consult with a medical or health professional to address your particular information. The Company expressly recommends that you seek advice from a professional.

Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer as a result of failing to seek competent medical or health advice from a professional who is familiar with your situation.

NOT PROFESSIONAL ADVICE

The information contained in the Program is not intended as, and shall not be understood or construed as, professional advice. While the employees and/or owners of the Company are professionals and the information provided in the Program relates to issues within the Company’s area of professionalism, the information contained in the Program is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.

We have done our best to ensure that the information provided in the Program and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available in the Program should be understood as a recommendation that you should not consult with a professional to address your particular information. The Company expressly recommends that you seek advice from a professional.

Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions in the Program or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

FEES

Fees for the Program are the following two options: 1 payment due today (amount stated in the shopping cart) or by payment plan, with payment split into smaller regular payments (amounts stated in the shopping cart). If you select the payment plan you will pay first payment today, and then additional payments as stipulated in the shopping cart. If you choose to pick the payment plan option, you are responsible for all payments. The sum of the payment plan is more than the 1 off payment.

METHODS OF PAYMENT

If Client elects to pay by instalments, Client authorises the Company to charge Client’s credit card or debit card, or PayPal account. If Client elects to pay in FULL, Client may pay by credit card, debit card, or Paypal.

REFUND POLICY

We want you to be satisfied with your purchase, so we offer a 60-day refund period for purchase of the product. In order to qualify for a refund you must email us within 60 days of enrolment at hello@practicalintimacy.com and let us know you’d like a refund by the 60th day at 11:59 AEST. If you do not request a refund by the 60th day, you will not be granted a refund.

 

CONFIDENTIALITY

Practical Intimacy respects your privacy and insists that you respect the privacy of Practical Intimacy and all Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. 

Any Confidential Information shared by Program Participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. You agree not to use such confidential information in any manner other than in discussion with other Participants during the Program.

Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

You agree not to violate the Company’s publicity or privacy rights. Furthermore you will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Practical Intimacy will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

NO TRANSFER OF INTELLECTUAL PROPERTY

Practical Intimacy’s program is copyrighted and original materials that have been provided to you are for your individual use only and a single-user license. You are not authorized to use any of Practical Intimacy’s intellectual property for your business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of Practical Intimacy.

No license to sell or distribute Practical Intimacy’s materials is granted or implied. By purchasing this product, you agree (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by Practical Intimacy is confidential and proprietary, and belongs solely and exclusively to the Company, (3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with Practical Intimacy and it’s employees.

Further, by purchasing this product, you agree that if you violate, or display any likelihood of violating, any of Practical Intimacy’s agreements contained in this paragraph, Practical Intimacy will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

CLIENT RESPONSIBILITY

The Program is developed for strictly educational purposes ONLY. You accept and agrees that you are 100% responsible for your progress and results from the Program. Practical Intimacy makes no representations, warranties or guarantees verbally or in writing. You understand that because of the nature of the program and extent, the results experienced by each client may significantly vary. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Practical Intimacy assumes no responsibility for errors or omissions that may appear in any program materials.

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

FORCE MAJEURE

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for Practical Intimacy to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

SEVERABILITY/WAIVER

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

 

MISCELLANEOUS:

LIMITATION OF LIABILITY

Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.

 

NON-DISPARAGEMENT

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

ASSIGNMENT

Client may not assign this Agreement without express written consent of Company.

MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on the Practical Intimacy’s website and purchasers shall be notified.

TERMINATION

Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.

INDEMNIFICATION

Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Practical Intimacy Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Practical Intimacy and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.

RESOLUTION OF DISPUTES

If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the Australian Centre for International Commercial Arbitration. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.

EQUITABLE RELIEF

In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction

NOTICES

Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: hello@practicalintimacy.com.

This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the state of QLD, Australia.