General Content Disclaimer

All content (including any information, recommendations, resources, instruction or assistance I give you) is provided for educational purposes only. While I have developed the content by applying due care and my skills, knowledge, experience, and professional qualifications, and believing it to be accurate and up-to-date at the time, the information is not specific nor does it take into account your personal circumstances. The Information may be changed at any time without notice.

Every effort is made to keep the website up and running smoothly.

However, www.thebodybuildingpsychologist.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

No Medical Advice

Information on this website is not intended to provide individual psychological treatment; and no information on this site or associated social media, courses, downloads, or guides constitutes or substitutes professional medical advice or treatment.

The information I share is of general nature and may not be applicable or appropriate for your particular situation, so as with anything you find on the internet, please be discerning, and if in doubt, consult with your personal doctor or health professional.

Your use of the information I provide on this site is solely at your own risk and you should always consult a suitably-qualified health professional before implementing any tools or techniques for your health.

Unless you have booked and attended an individual initial consultation with me, all other information and communication between us is considered to be general, and no contact between us implies, represents, or establishes a professional therapist-client relationship.

Electronic Transmission Risks

You understand we communicate with you electronically, including by delivering products by email. You acknowledge and agree as follows:

There are some delivery risks in using email and you accept the risk of interception of the email by third parties or of non-receipt or delayed receipt of the message; and

Computer viruses and similar damaging items can be transmitted through emails and by introducing data storage devices into your system. We use virus-scanning software to reduce these risks and ask that you do the same. However, it is not possible to eliminate the risk of introducing viruses altogether.

To the maximum extent permissible by law, you release us from all claims, losses, expenses and liabilities caused by any of the risks referred to above and arising directly or indirectly out of any electronic communication between us.

No Reliance

I won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on content contained in a product or service, unless otherwise required by law.

Exclusion of Warranties and Guarantees

I make the product or service available to you, however you use it (including all content and interactive features) at your own risk. Everything is provided “as is” and “as available” – I don’t make any representations or warranties of any kind.

I make no guarantees as to results or success which may be achieved as a result of participating in any product or service.

If reviews or statements from past or current clients are displayed on the Website or in other material, these are examples only and are not intended to represent or guarantee achievement of certain results or outcomes.

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, including any guarantee that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL), however I do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law.

Limitation of Liability

My liability to you arising out of this agreement with you and the supply of any product or service to you will be limited to the maximum extent permitted by law and as set out in this clause.

To the maximum extent permitted by law, I exclude all liability to you, however arising (except for liability arising out of a failure by me to comply with a consumer guarantee set out in Part 3-2 of the ACL, where applicable), including by negligence.

If I am liable to you for a failure to comply with a consumer guarantee set out in Part 3-2 of the ACL, my liability to you for that failure is limited under section 64A of the ACL to (at my option) providing the product(s) or service(s) again or the cost of providing the product(s) or service(s) again.

If I am not otherwise able to exclude or limit my liability to you as set out above, then my liability to you (except for liability arising out of my failure to comply with a consumer guarantee set out in Part 3-2 of the ACL, if applicable) will be limited to the amounts paid by you to me for the relevant product or service.

CHANGES

Variations

I may vary these terms and conditions at any time by updating this document and giving notice to you in writing. The variations will take effect 30 days after the date of notice, unless otherwise specified in the notice. Your continued access to and/or use or acceptance of my product or service will indicate your acceptance of the variations.

Term

The term of this agreement will commence once your order is confirmed by me and will expire once the product or service you purchased has been fully delivered or the time for delivery or access (as set out in the scope of the product or service) has ended.

Each time you purchase a product or service from me, a new agreement is formed between us on these terms and conditions.

Service Cancellation Procedure

You can cancel an individual session by giving me 24 hours’ notice in writing.

Transfer Policy

This agreement is personal to you and you may not assign your rights and obligations under this agreement to any other person without my prior written consent, which I may withhold in my absolute discretion.

ENDING THIS AGREEMENT

Termination
I may terminate this Agreement in the following circumstances:

at any time in my sole discretion on 14 days’ written notice to you;
on written notice to you, if an event beyond my control prevents me from meeting my obligations for an extended period as described in the Force Majeure clause;
immediately, by giving notice in writing to you if there is an Event of Default;
on written notice to you, if you have committed a material breach of these terms and conditions and fail to remedy such breach within 7 days of written notice.
If I terminate this agreement with you pursuant to clause (a) or (b) above, I will refund you a proportionate amount of any fees paid for any services not received at the time termination becomes effective.

I will not provide any refund, credit or other compensation for change of mind, or if I terminate this agreement pursuant to clauses (c) or (d) or otherwise due to your breach or repudiation of this agreement.

For the purposes of this clause, Event of Default means:

you fail to make a payment as provided in these terms and conditions and do not remedy such failure within 3 days of us giving you notice to remedy; or
I form the reasonable belief that you have breached or intend to breach a term of this agreement relating to confidentiality or intellectual property;
any of the following events occurs: the death, bankruptcy or winding up of a party.
All obligations of confidentiality, intellectual property rights created by these terms, disclaimers, exclusions and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.

DEALING WITH ISSUES

Force Majeure

I will not be liable for any loss caused by any failure to observe these terms and conditions, where such failure is occasioned by causes beyond my reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel.

If I am unable to meet my obligations under these terms for an extended period (beyond what I consider to be reasonable in the circumstances), I may choose to terminate this agreement on notice to you.

Dispute Resolution

If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause.

The party claiming the dispute must first inform the other party in writing of the following:

the nature of the dispute;
the outcome they desire to resolve the dispute, and
the action they believe will settle the dispute.
On receipt of the notice by the other party, both parties will make every effort to resolve the dispute by mutual negotiation within 2 weeks.

If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of Western Australia appoint a mediator).

The parties agree to participate in virtual mediation unless virtual mediation is not available or it is impracticable or unreasonable for a party to attend virtually, in which case the mediation must be held in the capital city of Western Australia, unless otherwise agreed between the parties in writing.

The parties will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (if applicable), to be paid in advance. The parties must each pay their own costs associated with attending the mediation.

All communications made by the parties arising out of this dispute resolution clause are confidential and to the maximum extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

This clause survives termination of this Agreement.

MISCELLANEOUS

Jurisdiction

As I am based in Victoria, Australia, these terms and conditions will be governed by the laws of Victoria. If we do end up in court, you agree that the non-exclusive venue for resolving any dispute will be in the courts of Victoria.

Severance

If any part of these terms and conditions is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.

Entire Agreement

The contents of this Agreement constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this Agreement, whether orally or in writing.

COPYRIGHT NOTICE

This website and its contents are the copyright of Efrat Zion and www.thebodybuildingpsychologist.com – © Efrat Zion. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

You may print or download contents to a local hard disk extracts for your personal and non-commercial use only
You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it in any other website or other form of electronic retrieval system.

© Efrat Zion 2024