Course terms and conditions

Overview

This Website is owned and operated by Dear Mama Project Pty Ltd Trading as Dear Mama Project (referred to in these terms as “Dear Mama Project” “Nikki McCahon” “we”, “us”, and “our”)

Please read these Terms and Conditions (‘T&Cs’) carefully prior to purchase, use or access of any of our products, including our online courses (‘Course’).  These T&Cs along with Our Website Terms and Conditions, and Our Privacy Policy (‘the Terms’), apply to all Website visitors, subscribers, clients, customers and all other users of the Website (“user”, “you” and “your”) and set out the information relating to your use and enjoyment of the Course.

These Terms are a legal agreement between You and Us, and by purchasing access to this Course, You agree to be bound by these Terms.

By using this Website, accessing or purchasing any products or services, you warrant that:

1. you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
2. have read and accepted these Terms; and
3. will comply with these Terms.

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you.  These changes will be effective as of the date we post the revised version on this Website.  It is your responsibility to review these Terms prior to use and periodically throughout your use of our Website and services.  If at any time you choose not to accept these Terms, you should not use this Website or access the Course.

By remaining on this Website and your continued use of this Website and the Course is deemed acceptance of any modifications or amendment of these Terms.  You may also accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Website.  If you’re uncertain about the Terms or anything else on our Website, please don’t hesitate to contact us before completing any purchase. 

Course Access and Fees

The Course is owned and provided by Us and these T&Cs set out how you are allowed to access and use Our Course.

You may apply to access the Course by completing the application form and paying the Course fee on Our website www.dearmamaproject.com (“Website”). You agree to provide accurate, current and complete information about yourself as requested or directed on the Website, and to promptly update this information to maintain its accuracy.  We have the right to suspend or terminate your Course access if We suspect that such information is inaccurate or incomplete. 

Your Course commences when Your application has been accepted by Us, or a date specified on our Website and You pay the price as displayed on Our Website and in accordance with these T&Cs (“Course Fees”).

We may review and approve or deny Your Course application at Our sole discretion.

Your Course continues until terminated in accordance with these T&Cs.

If you opt to pay in instalments, you must pay the initial payment on the date of purchase and the balance will be deducted automatically on a monthly basis, until the total fees are paid in full.  Where you opt to pay in instalments, you must inform us immediately if Your payment details change.  If payment is declined, your access to the Course will be suspended until payment has been updated and You must pay all monies due.  Except as set out in the Refund Policy, you cannot cancel or avoid the monthly payments.

 

Method of Payment

You will pay Us the Course Fees in full upfront or by instalment payments as set out on our Website:

1. by electronic funds to an account nominated by Us or by any other method nominated by Us; and
2. on the date that the Fees become due.

Where you elect to pay in instalments, you authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times.  Where you fail to make payment or payment is declined for any reason, you must provide a new eligible method of payment immediately or We may revoke your access to the Course.  You remain liable at all times for all outstanding payments including any costs incurred by Us trying to recoup the outstanding Course Fees such as  debt collection agency costs, including any legal costs on any Course Fees that remain outstanding.

 

Refund Policy

The Course Fees are non-refundable except as required by law or in Our sole discretion.  We do not provide refunds simply because Your situation has changed or You have changed Your mind.

Course Entitlements, Benefits and Complaint Procedures

Course entitlements

During your Course, We will provide You with certain Course Entitlements, in our Sole discretion, that may include but are not limited to video, audio, lessons.

You Consent to receive electronic communication including by email, SMS or announcement, including but not limited to communications for the Course or for marketing purposes.

You are granted access to this Course until such time as these Terms are terminated or the Course is taken down.  If the Course is taken down, We will provide you with 30 days notice.

Benefits

From time to time we may also provide You with certain benefits that may include products, classes, workshops or other courses, in Our sole discretion.  We cannot guarantee the duration for which these Benefits will be available for.

During your Course, you may also be invited to participate in our online group, in order to be admitted and retain access to the online group, you will be required to comply with the online group rules, including the rules provided by the platform which hosts the group.  Where you breach the online group rules, your access will be removed and depending on the severity of your breach of the rules, your Course may also be cancelled.  We reserve the right to cease this group with 7 days notice.

Complaints Procedure

The parties acknowledge and agree that the process set out below will apply to any complaints and both parties agree that they must not engage in any communications or behaviour with any third party (public or private), including but not limited to social media channels designed to be derogatory or negative of the other party.  

We are committed to providing a high standard of service. If you have any concerns or are dissatisfied with the service You have received and wish to raise a complaint, then please email [email protected]

Any complaint submitted in accordance with the provision set out immediately above must include the following information at a minimum:

1. Your name;
2. the email address You used to apply for the Course;
3. details of Your concern or complaint;
4. details of what You would like Us to do to resolve the matter; and 
5. copies of any relevant correspondence.

We will provide You with an acknowledgement of Your complaint within 3 business days of receipt. We will aim to resolve Your complaint within 14 business days of receipt. If We are unable to address the complaint within 14 business days, then We will write to You to explain what is happening with Your complaint. 

Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State or Territory in Australia where We are located.

 

Intellectual Property Rights and Testimonials

You agree that:
	We retain ownership of all Intellectual Property Rights (including Moral Rights) in the Course Materials.
	To the extent required for participation in the Course, You are granted a non-exclusive, non-transferable, single use, limited licence to access and use the Course Materials for your own personal use and: it may only be used for the purposes set out in the Terms, as part of your access to the Course; You will not modify the Course Materials;  You will note copy the Course Materials or in any way cause the Course Materials to be copied or shared;  You may not assign or transfer your membership of the Course to any other person without Our express written consent; and You will not sub-licence, publish, sell, or otherwise provide it or allow it to be used by third parties. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Course Materials in any manner whatsoever except as authorised by us. Your use of the Course Materials may also be subject to Our Website Terms and Conditions and Privacy Policy. In addition to any other legal rights and remedies, We reserve the right to remove access to the Course and Course Material without refund and to pursue all legal remedies if you infringe our intellectual property rights.
	Where You have provided testimonials (in any format), We may use those testimonials to refer to You in Our websites, and other media (including social media channels) for the sole purpose of promoting Our Course.
	For the purposes of these T&Cs, ‘Course Materials’ means all tools developed and/or utilised by Us in provision of the Course, including, without limitation, programs, course content, classes, workshops, digital products (including ebooks), webinars and videos.

 

Termination

Method of Termination	Terms and Consequences
	We may terminate these Terms with immediate effect, by giving You written notice if: You do not pay the Course Fees when due; You fail to comply with any of the provisions of these Terms or otherwise breach any undertaking, warranty or obligation under these Terms; You infringe Our intellectual property; engaging in conduct injurious or potentially harmful to Our reputation; disclosing Confidential Information without consent. You fail to conform or abide by Our applicable rules, policies or procedures; Your actions are contrary to Our interests; or We consider that mutual trust and/or confidence no longer exists.
	If We terminate Your Course, We may, but are not obliged to refund any prorated balance of the Course Fee already paid by You and access to the Course will be immediately terminated.

 

Confidentiality

We will not disclose any information you provide except as set out in these Terms.  It is a condition of participating in the Course that you agree to respect the privacy of other Course participants and Our confidential information.  Accordingly, unless you have a Course participant’s prior written consent you will keep confidential at all times, any information shared by a Course participant.  Additionally, you must not under any circumstances, share any details in the content of the Course as the content contains our intellectual property including templates, workbooks, processes, forms and other information.  You acknowledge and agree that you will not share the information provided to you as part of the Course with anyone other than Us or the Course participants. 

However, these obligations of confidentiality do not apply to any disclosure that:

Allowable Disclosures
	Disclosure for the purpose of performing the Terms or exercising a party’s right under the Terms.
	Disclosure that is required by Applicable Law.
	Disclosure that relates to Confidential Information which is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction and without breach of any obligation of confidence.

 

Prohibited Use

In addition to any other prohibitions, you must not, under any circumstances  use the Website or its content: 

1. for any unlawful purpose; 
2. if you or your business in any way competes with Our business;
3. to solicit others to perform or participate in any unlawful acts; 
4. to violate any international, federal, or state regulations, rules, laws, or local ordinances; 
5. attempt to change, remove, deface, hack or otherwise interfere with this Website or any material or content displaced on the Website; 
6. hack into any aspect of the service; corrupt data; cause annoyance to other users; 
7. infringe upon the rights of any other person's proprietary rights; 
8. send any unsolicited advertising or promotional material, commonly referred to as “spam”; or 
9. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Disclaimers, Warranties and Indemnities

You and We agree that:

1. The Website, Course and Course Material is provided on an ‘as is’ basis;
2. You use the Website and Course at your own risk;
3. You are responsible for maintaining the security of your account and access to the Website and Course including by maintaining the security of your password and account log in details;
4. We cannot guarantee and We do not promise any specific results from participation in the Course.

Any success you gain, will be dependent on your own efforts, commitment, motivation and intent to follow through.  Under no circumstances, can we guarantee a particular result, whether financial or otherwise.  You acknowledge and agree that results may differ from person to person.  Each person’s individual success is completely dependent on their background, dedication, drive and motivation to succeed as well as many other additional factors.  You acknowledge and agree that when you purchase any program, participate in any coaching or purchase a product and /or service, that results may vary as there are too many variables to guarantee success.  Any client reviews, statements or examples advertised or available on our Website or via any content we communicate with you (including any newsletter, social media or other advertising), are merely examples of what can be possible.

We and Our directors, agents or associates shall not be responsible or liable for any loss or damage resulting from Your Course, except as expressly permitted by law and as set out in these T&Cs. 

You will indemnify Us against all loss, cost, damage or expense (including Our legal costs and associated costs of investigations and enforcement) directly or indirectly related to Your breach of these T&Cs.

Without limiting this clause, We will not be liable to You for any liability or claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) resulting from:

1. the use or inability to use the Course;
2. Your failure to maintain the security of your account;
3. statements or conduct of any third party; or
4. Your reliance on the recommendations and suggestions of any third party or Course participant.

Privacy Policy

When You apply for Your Course, We will require You to provide Us with certain personal information about You; this may depending on the nature of the Course, include information about your health and finances.  Your privacy is extremely important to Us and We take your privacy seriously.  We will only use the personal information provided by You to Us strictly for the purposes of providing You with Our Course services and to market to You with Your consent.  Where You wish to withdraw Your consent, You can unsubscribe within the body of any email We send or inform Us via email.  We will disclose and deal with Your information in accordance with Our privacy policy which You can access at any time here https://nikkimccahon.com/privacy-policy

Electronic Communications and Electronic Signatures

These Terms will become binding when You agree to these Terms, including by clicking “I consent” or “I agree” or similar, or by purchasing and/ or commencing the Course.

Validity

Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. 

Ceasing our Website

We have the right to discontinue this Website.  If We decide to do this, it can be at any time and may be without notice to you.  We may also exclude any person from using Our Website, at any time and at Our sole discretion. We will not be  responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Assignment

You cannot assign these Terms or otherwise deal with the benefit of it or a right under it without Our prior written consent. We may assign or novate the Terms or otherwise deal with the benefit of it or right under it without Your consent.

Entire Agreement

These Terms constitutes Our entire agreement with You about the subject matter and supersedes all previous agreements, understanding and negotiations on that subject matter.

Governing Law and Jurisdiction

The formation, construction, performance and enforcement of these Terms will be in accordance with the laws in force in the State or Territory in Australia in which We are located. You and We submit to the non-exclusive jurisdiction of the courts of that jurisdiction.