Terms and Conditions

## your journey matters to us

These terms and conditions govern your use of ‘seekingbalance.com.au’

For working one-on-one with Joey we have a client policy: please read our 1:1 client agreement.

Your use of our site tells us you have read and agreed to these terms and conditions. Please read them carefully. These terms and conditions are a binding contract regarding your use of ‘seekingbalance.com.au’.

If you do not agree with or cannot abide by these terms of use or our privacy policy, please exit this site immediately. Otherwise by accessing and using this site, you are agreeing to these terms of use and our privacy policy.

Seeking Balance Australia reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access from a particular internet address to our web site.

DISCLAIMER

‘seekingbalance.com.au’ and the courses purchased or available through ‘seekingbalance.com.au’ do not provide a substitute for medical advice, an examination, diagnosis or treatment from a physician or health care professional.

Do not use any information on ‘seekingbalance.com.au’ or courses purchased or available through ‘seekingbalance.com.au’ to make a diagnosis or replace a doctor’s judgment. The information found on ‘seekingbalance.com.au’ or contained in the courses available from Seeking Balance Australia do not take the place of regular medical check-ups. If you have any concerns about your health, talk to a doctor. Also, do not disregard or delay seeking medical advice because of something you read on ‘seekingbalance.com.au’ or which forms part of a course purchased from Seeking Balance Australia. Following tips or recommendations on ‘seekingbalance.com.au’ or contained in course material available from Seeking Balance Australia does not assure you will be healthy. Recovery is a process, not an outcome. Your health is the result of many factors, some of which are not yet fully understood. It is important that you rely only on the advice of a health care professional to advise you on your specific situation. Seeking Balance Australia does not claim to cure or eliminate any symptoms. The programs and courses available through Seeking Balance Australia offer support tools and strategies to help the body recover in its own time and in its own way.

‘seekingbalance.com.au’ and Seeking Balance Australia accept no liability for the accuracy or completeness or use of, nor any liability to update, the information provided on ‘seekingbalance.com.au’ or in course material available from Seeking Balance Australia. ‘seekingbalance.com.au’ and Seeking Balance Australia do not make any warranty of any kind, as to the accuracy, completeness or usefulness of the information or materials available on ‘seekingbalance.com.au’ or contained in course material available from Seeking Balance Australia.

EXTERNAL LINKS

‘seekingbalance.com.au’ may link you to other third-party web sites maintained by others on the internet. These links are provided solely as a convenience to you and not as an endorsement by ‘seekingbalance.com.au’ of the contents of any of those third-party web sites. ‘seekingbalance.com.au’ cannot take responsibility for information found on third-party web sites outside its control. If you decide to access linked third-party web sites, you do so at your own risk. While ‘seekingbalance.com.au’ attempts to provide links only to third-party web sites that comply with all applicable laws and regulations, please understand that the content on those third-party web sites is subject to change without notice to ‘seekingbalance.com.au’. We therefore cannot be responsible for, and accept no liability for, any information or opinion contained in any third-party web site.

COPYRIGHT

All course material, services, information and content streamed, displayed on, transmitted through, or used in connection with ‘seekingbalance.com.au’ (collectively, the “Content”), as well as its selection and arrangement, is owned by Seeking Balance Australia. You may use the Content online only, and solely for your personal, non-commercial use. If you operate a Web site and wish to link to ‘seekingbalance.com.au’, you may do so provided you agree to cease such link upon request from ‘seekingbalance.com.au’.

You may not republish any portion of Seeking Balance Australia Content on any internet, blog, intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through ‘seekingbalance.com.au’, not to insert any code or product or manipulate the content of ‘seekingbalance.com.au’ in any way that affects the users experience, and not to use any data mining, data gathering or extraction method.

‘seekingbalance.com.au’ respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on ‘seekingbalance.com.au’, please contact us.

MEMBERSHIP

If you become a member of ‘seekingbalance.com.au’, you accept responsibility for all activities that occur under your account or password, and agree not to sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access ‘seekingbalance.com.au’ using your name in whole or in part. ‘seekingbalance.com.au’ reserves the right to terminate membership and deny access to the site to any person who violates these terms and conditions.

If you communicate to or with ‘seekingbalance.com.au’ it is important that you understand your email messages or other forms of electronic communication or use of social media may not be replied or responded to immediately. There will be times when the owners and staff of Seeking Balance Australia are on leave or otherwise unable to respond or reply.

In the case of consultation with a staff member of Seeking Balance Australia on an individual or small group basis, it is your responsibility to ensure that you correctly coordinate the time in your timezone to the time during which Seeking Balance Australia provides services – namely Australian Eastern Time (standard or daylight savings) Payment for individual or small group consultation must be made prior to the consultation and is non-refundable. Appointments may be rescheduled via the online booking system provided not less than 96 hours (4 days) notice of cancellation of the existing appointment is provided.  It is your responsibility, not Seeking Balance Australia’s, to record your video sessions and save these to your computer during your session.

You consent that we may use a user’s email address to send news, updates, information and or advertising regarding our site, the user may choose not to receive email of this type by contacting us. Once ‘seekingbalance.com.au’ has received an unsubscribe request we reserve the right to delete your membership/subscription to one or more or all of our services.

PAYMENT

Your membership fee is payable at the time of registration (unless you have a valid promotional code). Your credit card will be debited for the agreed fee at the time of registration.

We use a third-party banking merchant to process payments of the membership fee.  In these circumstances, your use of these payment facilities may be subject to the terms and conditions of the third-party banking merchant.

We will not be responsible and will be excluded from all liability, for any loss or damage whatsoever that you or another person may suffer in connection with the use of the third-party banking merchant.

This program is not available for sale in the USA or Canada. By purchasing this program, you acknowledge that you are purchasing an Australian product and that you will be a consumer and will have the rights that exist under Australian Law.  You agree to the jurisdiction of the Australian legal system as it applies to any issues that you may have with this product, and you forfeit your rights under the jurisdiction where you reside

COURSE CANCELLATION

We hope you enjoy the memberships and online programs that we offer.  You can cancel your Registration, for a full refund of the Course Fee minus any credit card surcharges, within seven (7) days of the day of Registration for ROCK STEADY. When you cancel your Registration after seven (7) days of the day of your Registration, you will not be entitled to a refund or credit of the Course Fee.  Please note, there is no cooling off period for The 7-Day Challenge and this refund policy does not apply. To cancel your membership, you must notify us in writing with your reasons via email (admin@seekingbalance.com.au).  We will not provide refund for change of mind.

SPONSORSHIP BANK

Members of the Seeking Balance Online Program community can request to be sponsored for 1:1 sessions, or access to the online course material, if they are experiencing financial difficulty.  There may be a waiting period.  Program members can contact Joey directly to request sponsorship support or to offer donations/sponsorship for someone else.  Sponsorship is awarded at the discretion of Seeking Balance Australia.

PRIVACY POLICY, USER-PROVIDED INFORMATION AND CONTENT.

By providing information to, communicating with, and/or placing material on, ‘seekingbalance.com.au’, including for example communication during registration, communication on any ‘seekingbalance.com.au’ bulletin board, message or chat area, posting any resume or other content, placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant:

(1)   you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in these terms and conditions

(2)   all information you provide is true, accurate, current and complete, and does not violate these terms and conditions.

(3)   the content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of ‘seekingbalance.com.au’ that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms).

For all such information and material, you grant ‘seekingbalance.com.au’ a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the foregoing, you authorise ‘seekingbalance.com.au’ to share the information across all ‘seekingbalance.com.au’ affiliated sites, to include the information in a searchable format accessible by users of ‘seekingbalance.com.au’ and other ‘seekingbalance.com.au’ web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant ‘seekingbalance.com.au’ the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Please note that ‘seekingbalance.com.au’ does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to ‘seekingbalance.com.au’. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against ‘seekingbalance.com.au’ and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

INTERACTIVE AREAS INCLUDING FORUMS AND CHAT ROOMS

Seeking Balance Australia provides chat room services to users of the Internet. Seeking Balance Australia does not pre-screen information posted to the Forum/Chat Rooms. We do not assume any responsibility for the topic of discussion in any chat room, the behaviour of any individual in a room, or the actual conversation in a room. Any opinions, advice, statements, services, offers, or other information expressed or made available by users of the Forum/Chat Room are those of the respective author(s) or distributor(s) and not of Seeking Balance Australia. Seeking Balance Australia neither endorses nor guarantees the accuracy, completeness, or usefulness of any such Content.

By entering any chat room, all users agree to follow the rules for conduct and absolve Seeking Balance Australia of any financial, legal or moral issues arising from the use of Seeking Balance Australia chat rooms.

‘seekingbalance.com.au’ provides a forum in which you can share ideas and information. Given the nature of ‘seekingbalance.com.au’ and the volume of messages and postings, ‘seekingbalance.com.au’ cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums.

We particularly encourage caution when divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you.

COMMUNICATIONS WITH THIRD PARTIES THROUGH seekingbalance.com.au

Your dealings or communications through ‘seekingbalance.com.au’ with any party other than ‘seekingbalance.com.au’ are solely between you and that third party.

For example, certain areas of ‘seekingbalance.com.au’ – including chat – may allow you to contact and be contacted by other members. You should at all times be aware that members may not be who they say they are and that they may attempt to send scams and spam messages. You are responsible if you continue to communicate or make goods or money transactions to other members. Under no circumstances will ‘seekingbalance.com.au’ be liable for any money, goods, services, resources or content lost by you through such third party dealings or communications, or for any harm or damages related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not ‘seekingbalance.com.au’, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the service. ‘seekingbalance.com.au’ does not control the content posted and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will ‘seekingbalance.com.au’ be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the service.

‘seekingbalance.com.au’ reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

POSTING RULES

We reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by ‘seekingbalance.com.au’ in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site.

When using ‘seekingbalance.com.au’, please do not post material that:

  • contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature.
  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community. Threats, slander, and defamation and/or libelous remarks may be reported to relevant authorities.
  • Violates any right of ‘seekingbalance.com.au’ or any third party.
  • Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
  • Violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
  • Unfairly interferes with any third party’s uninterrupted use of ‘seekingbalance.com.au’.
  • Advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
  • Uploads copyrighted or other proprietary material of any kind on ‘seekingbalance.com.au’ without the express permission of the owner of that material.
  • Uses or attempt to use another’s account, password, service or system except as expressly permitted by these terms and conditions.
  • Uploads or transmits viruses or other harmful, disruptive or destructive files.
  • Disrupts, interferes with, or otherwise harms or violates the security of ‘seekingbalance.com.au’, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through ‘seekingbalance.com.au’ or affiliated or linked sites.
  • “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.

Seeking Balance Australia will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violates the Terms and conditions.

A violation of the foregoing guidelines may be referred to law enforcement authorities.

GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

While ‘seekingbalance.com.au’ uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content.

‘seekingbalance.com.au’ does not represent or warrant that use of any Content will not infringe rights of third parties. ‘seekingbalance.com.au’ has no responsibility for actions of third parties or for content provided or posted by others.

Use of ‘seekingbalance.com.au’ is at your own risk. all content is provided “as is” and “as available.” Neither ‘seekingbalance.com.au’ or Seeking Balance Australia, nor any of their employees, agents or content providers of any of them, makes any representation or warranty of any kind regarding ‘seekingbalance.com.au’, the content, any material, information, products or services available on or through ‘seekingbalance.com.au’, and/or the results that may be obtained from use of ‘seekingbalance.com.au’ or such content or services. all express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties ‘seekingbalance.com.au’ will meet your requirements, be uninterrupted, ‘seekingbalance.com.au’ timely, secure or error free, are specifically disclaimed. ‘seekingbalance.com.au’ and its affiliates are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to, or virus that may infect, your computer equipment or other property.

‘seekingbalance.com.au’ contains facts, views, opinions, statements and recommendations of third party individuals and organizations. ‘seekingbalance.com.au’ does not represent or endorse the accuracy, currentness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the ‘seekingbalance.com.au’. Any reliance upon any such opinion, advice, statement or information is at your sole risk.

In no event is ‘seekingbalance.com.au’ or its affiliates, employees, agents or content providers liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or

Omissions in the content, even if advised of the possibility of such damages, in no event shall ‘seekingbalance.com.au’ or its affiliates, employees, agents or content providers be liable for any amount for direct damages.

You agree to indemnify, defend and hold harmless, ‘seekingbalance.com.au’ and Seeking Balance Australia and each of their respective partners, suppliers, licensor’s, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including legal fees and court costs) arising from or relating to any allegation regarding: (1) your use of ‘seekingbalance.com.au’; (2) ‘seekingbalance.com.au’ use of any content or information you provide, as long as such use is not inconsistent with this agreement; (3) information or material posted or transmitted through your membership account, even if not posted by you; and, (4) any violation of this agreement by you.

INTERNATIONAL USERS

If you access ‘seekingbalance.com.au’ outside Australia you are responsible for compliance with all applicable laws.

MISCELLANEOUS

‘seekingbalance.com.au’ may modify, suspend, discontinue or restrict the use of any portion of ‘seekingbalance.com.au’, including the availability of any portion of the Content at any time, without notice or liability. ‘seekingbalance.com.au’ may deny access to any person or user at any time for any reason.

If for any reason any provision of this agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the agreement shall continue in full force and effect.

You expressly agree that use of Content published by Seeking Balance Australia is at your own risk. Seeking Balance Australia makes no warranty that Content published by Seeking Balance Australia will meet your requirements, or that the Content published by Seeking Balance Australia will be uninterrupted, timely, secure, or error free, or as to the accuracy or reliability of any information obtained through Seeking Balance Australia.

You understand and agree that any content streamed or otherwise obtained through the use of Seeking Balance Australia is done at your own discretion and risk.

The terms and conditions and the relationship between you and ‘seekingbalance.com.au’ shall be governed by the laws of the State of Victoria without regard to its conflict of law provisions. Exclusive venue for any disputes arising hereunder is the State of Victoria, Australia.

Any failure of ‘seekingbalance.com.au’ to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

‘seekingbalance.com.au’ reserves the right to change these terms and conditions at any time in its discretion and to notify users of any such changes solely by changing this Terms and conditions.