TERMS OF SERVICE FOR OUR ONLINE PROGRAMS
Hello and welcome to Vesna Hrsto PTY LTD! We're so happy to have you join us for our Program. These are our Terms of Service (“Terms”) which apply to all clients of Vesna Hrsto PTY LTD [ACN 626 799 924].
(“we, us, our”). By using our Website and Services, you're agreeing to these Terms together with any other terms and conditions and policies we publish or link to (together an “Agreement”). If you do not agree, unfortunately, you cannot join our Program.
ONLINE PROGRAMS WE WILL PROVIDE
Our Online Programs teach you about health and wellness focusing on energy, mental wellbeing, hormonal health, and metabolic health. We specialise in nutrition, lifestyle changes, and supplement recommendations such as vitamins, herbal medicines, and protein powders. We also run a community with health coaches supporting people through these changes and answering questions. We provide various Materials to help you during the Online Program.
BEFORE PURCHASE
Things you need to know before purchasing Online Programs on our Website
Before you buy anything from our Website, there are a few things you should know:
- you need to be over 18 years or have parental consent;
- please give us complete and accurate information, and let us know if anything changes;
- you need to use any special offers or gift codes or discounts at the time of purchase; they can't be applied after the fact; and
- you need to have adequate technology set up and internet access to participate in the Online Program. We use Kajabi as a platform to run our Program and you are required to get accustomed to its user interface.
There are also some things that you promise us:
- you will follow our advice and disclaimers whenever provided;
- you are in good physical /and mental health;
- you are not being treated for any injuries or conditions, or if you are, you have a letter of consent from the relevant practitioner to participate; and
- you will notify us immediately if your health status changes in any way.
Things you should know about information in our Program
- The Materials we provide are designed to be basic in nature, to provide a strong foundation for all. However, everybody's situation and goals are unique so we cannot guarantee that your desired outcome will be met;
- The Materials we provide are not a substitute for independent professional health or medical advice and any reliance on this information is at your sole risk. For example, sometimes the Materials could be classed as medical "advice". You must consider whether or not the information is appropriate to your needs. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on our information.
- We run a community with health coaches supporting people through lifestyle changes and answering questions can be very subjective, and what may be pleasing to some may not be for others. Whilst we will try to work and accommodate all, we cannot always please everyone. Some sessions can be emotionally and personally challenging; there may be the strong language used, and discussions can be confronting;
- The Materials we provide are not a substitute for independent professional health or medical advice. Participation in our Online Program is voluntary and is always at your sole risk. You are responsible at all times for your safety and wellbeing. We are not an emergency service, and are not your doctor, counsellor, psychologist, psychiatrist, or other health professional. You must always seek proper advice from a professional regarding any diagnosis, assessment, or treatment. We are not liable for any Loss or Damage suffered in connection with your participation in any Online Program or reliance on any health or medical "advice.”
Acknowledgements you make when purchasing our Program
Whilst we aim to do our best, please be aware that there could be:
- occasional errors or omissions in Online Program descriptions, prices, availability, and promotions;
- some Online Programs with limited places, and some that are limited to certain regions or groups of people; and
- technical problems downloading Materials and using online software/platform.
Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Online Programs. We also cannot guarantee the results of the Online Program as they are dependent on your learning, actions, and implementation.
During our Online Programs we may make recommendations of suppliers for various products or services. Whilst we aim to make good recommendations, if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.
Payments
You must make the deposit or full payment as required by us prior to commencement of the Online Program as your place cannot be reserved or confirmed until payment is received.
You also agree to pay any applicable currency conversion fees, or financial service provider fees where relevant. Where payments are made in instalments, you authorise us to deduct all accrued and outstanding fees from your credit card or debit card provided. You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.
All invoices are due and payable within 30 days. Any late payments will incur interest at the rate of 10% per annum calculated monthly, and any debt recovery fees will be billed to you.
AFTER PURCHASE
Things you need to know after purchasing a Program
After purchasing on our Website, there are a few more things you should know:
- please maintain the confidentiality of your login and password for your account;
- please contact us by email at if you have any difficulty downloading any Materials, or if you have issues with the Online Program and want to request a refund;
- please ask our prior written consent before any publication of information about us; and
- if there is a dispute, please keep all communications confidential.
You must also not allow any other people to use the Materials or your account, or to copy, duplicate, sell, re-sell or exploit the Materials in any way.
We have group sessions where you can be part of our community but please follow our rules.
We love it when our participants engage with us and each other during the Online Program. However, we do have some rules that we ask everyone to follow.
Firstly, we ask that you be respectful to your fellow participants. We want to maintain a positive and supportive learning environment for everyone, so please refrain from any disruptive or disrespectful behaviour.
If you do become disruptive or disrespectful, we may need to exclude you from the group sessions or events to ensure that everyone else can continue learning and engaging in a safe and respectful environment.
Also, please don’t directly contact other participants without their consent. Any interactions with other participants are solely at your own risk. We want everyone to feel comfortable and safe during the program, so please be mindful of others' boundaries and privacy.
Acknowledgements you make in relation to privacy and confidentiality
We understand that during the group sessions, you and others may share personal or sensitive information. We want to ensure that everyone feels safe and supported, so we ask that you keep all information shared during the sessions confidential and not share it outside the group.
We also kindly ask that you do not record any group sessions, as this could compromise the confidentiality and privacy of all participants.
Rest assured, we take your privacy seriously and we will not disclose any Confidential Information unless we are required to by law. You can find more information about how we handle personal information in our Privacy Policy.
We want to remind you that while we encourage confidential communication, we cannot guarantee that the delivery of our Online Program and any Materials will be completely secure. We are committed to making every effort to maintain your privacy and confidentiality while accessing online technology, but there is always some degree of risk involved.
Posting rules
We want our community to be a welcoming and respectful place for all participants. To ensure this, we kindly ask that you do not post any content that could be deemed inappropriate or offensive, such as anything that is threatening or abusive.
Additionally, we ask that you refrain from posting any content that is immoral, illegal, or that breaches the rights of any third party, including their intellectual property or privacy rights. Please also avoid posting content that impersonates others or misleads us or other participants.
Please keep in mind that you are responsible for the accuracy, completeness, and timeliness of all your posts. While we are not responsible for any of your posts or those of other participants, we reserve the right to edit or remove any content that violates our rules or is deemed objectionable.
By posting in our community, you grant us permission to use your posts for any purpose, and you waive any Moral Rights in those posts. We value your contributions to our community and appreciate your cooperation in maintaining a safe and respectful environment.
Acknowledgement you make in relation to emergencies and crisis situations
You acknowledge and agree that we are not paramedics or emergency doctors, crisis counsellors, and are not readily available for these situations. If you are experiencing a crisis, you must contact an emergency service.
In some circumstances we may need to suspend or even terminate a group session where a participant is experiencing a crisis. Where we see any risk to a participant’s safety, we will immediately terminate the session. In this event, we will reschedule the groups session to another reasonable time. In the event that you experience a crisis during the duration of the Online Program or during a session, we will refer you to appropriate service and you agree to seek assistance immediately.
Acknowledgement you make in relation to online events
We may record the online events that you take part in, like with audio, video, or photographs, to use for our marketing or information purposes. By participating in these events, you agree to let us have the Copyright in all the recordings where you might appear, whether it's a full or partial shot, or if your image is changed or added to. You won't have a say in how the recordings are used, or get to approve of them, so if you don’t agree, you will need to let us know prior to any online events.
Your commitment to the Online Program
To get the most benefit out of our Online Program, you should do the work, follow the steps, and ask for help from our team when you need it. You acknowledge and agree that you are solely responsible for your own success and outcomes during the Online Program.
Things we’d love you to do after purchasing a Program
We love to hear from you after the Program to hear about your experience. If you have any photos, videos, testimonials and/or case studies we'd be thrilled if you would share them with us! We may even use them for marketing and information purposes, publications, exhibitions, and professional awards across print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at hello@vesnahrsto.com.au.
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our Website or Platform.
Except as required by law, we may change Program information, promotions, prices and availability and any other information on our Website
We comply with the Australian Consumer Law
Our Online Program comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel this Agreement with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
Except as required by law we do not warrant the quality of the Online Programs or warrant that it will meet your expectations, or provide refunds. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer partake in part or all of an Online Program, or where you fail to comply with our instructions.
If we need to cancel part of a Program we will provide a refund
On occasion, we may cancel an Online Program where we are no longer able to provide it. In these or similar circumstances where we have to cancel the whole Program, we will provide you with a full refund. On occasion, we may also need to change times or dates of sessions at short notice or even cancel parts of an Online Program. We will notify you as soon as possible of any changes.
We can refuse your participation in our Online Programs at any time
We may change, or stop providing our Online Programs, Website and Services at any time. We may also stop you from using our Website and Services and disable your ability to purchase our Online Programs if we find you with any material breach of this Agreement. Also, deactivate any of your accounts and revoke your permission to use any Materials if you breach this Agreement. We are not responsible to you for any changes, or if we suspend or stop Confour Online Programs.
INTELLECTUAL PROPERTY
We own or have permission to use all the Intellectual Property Rights in our Materials. However, we're happy to give you permission to use our Materials for your personal use during the Program only. You can't use our Materials for any commercial purposes without our prior written consent. If you want to use our Materials for anything other than personal use, you'll need to get in touch with us at hello@vesnahrsto.com.au. We may ask you to pay a fee for these, and we'll need you to acknowledge our moral rights under the Copyright Act 1968.
RELIANCE ON ADVICE DISCLAIMER
Sometimes the information in our Materials may not be 100% accurate. We always try to make sure that the information is correct, but sometimes there may be mistakes or differences of opinion. The advice may also be based on historical information or Facts that have since changed. Because of this, we can't guarantee that the advice we give is completely accurate or up to date. However, we promise to exercise reasonable due care in giving you the most accurate and useful information we can.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Online Programs purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Online Programs, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, our recording of any events, and changes to dates and times of Online Programs.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to: -
- the replacement of the Online Program or the supply of equivalent services; or
- the payment of acquiring an equivalent Online Program.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Online Program you have paid for.
You agree to indemnify us and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of the group session and posting rules, and any breach of our Intellectual Property Rights.
FORCE MAJEURE
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent to which our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, Australia. This is the entire Agreement between you and us, and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our Website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.
DEFINITIONS
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010.
“Agreement” means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website.
“Claim” means any claim, under statute, tort, contract or negligence, any demand, award, or costs.
“Force Majeure Event” means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods, war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failures, changes to regulations, weather events, travel limitations, venue closures.
“Intellectual Property Rights” means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
“Materials” means any of our Materials and any and all online program and course Materials, and anything provided to you during the course.
“Moral Rights” means any moral rights as defined under the Copyright Act 1968.
“Online Program” means Buh-Bye Burnout and Evolution and includes all Materials.
“We, us, or our” means Vesna Hrsto PTY LTD trading as [Vesna t/as Vesna Hrsto] [ACN 626 799 924] and includes any of our directors, officers, employees, agents, partners, contractors.
“Website and Services” mean https://vesnahrsto.com, and everything available on this website including, but not limited to, all Online Programs.
