Amanda Westphal Counselling

Effective date: October 29, 2024.

Privacy + Terms

Amanda Westphal Counselling is committed to providing you with the best possible customer service experience. Amanda Westphal Counselling is bound by the Privacy Act 1988 (Cth), which sets out a number of principles concerning the privacy of individuals.

Collection of your personal information

There are many aspects of the site which can be viewed without providing personal information, however, for access to certain Amanda Westphal Counselling features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.

Sharing of your personal information

We may occasionally hire other companies, or third parties, to provide services on our behalf, including but not limited to handling customer support enquiries. Those companies will be permitted to obtain only the personal information they need to deliver the service. Amanda Westphal Counselling takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

Use of your personal information

For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are at this Site. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.

Changes to this Privacy Policy

Amanda Westphal Counselling reserves the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access or use the Site.

Accessing your personal information

You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. Amanda Westphal Counselling reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.

Contacting us

Amanda Westphal Counselling welcomes your comments regarding this Privacy Policy. If you have any questions about this Privacy Policy and would like further information, please contact us.

Terms For Course Purchases

By using the Site or Service and/or ordering a Digital Product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

OVERVIEW

1.1 The term “the Site” refers to yourwellnessfocus.com and ditchanxiety.com.au, and all online membership/course sites connected to Amanda Westphal Counselling.

1.2 Amanda Westphal Counselling provides a website where users can read articles and listen to podcasts on mental health support, and where users may purchase online courses, counselling, and digital products relating to counselling (“Digital Products”). This information is general in nature and not personalised to the individual users circumstances. The user is referred to the local crisis resources in their local area for personalised and urgent support.

1.3 The term “User”, “You” and “You’re” refers to site visitors, podcast listeners, students, members and any other users of the Digital Products on the Site.

1.4 To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.

DIGITAL PRODUCTS

2.1 Payment for all Digital Products will be in AUD (Australia Dollars) unless otherwise specified.

2.2 When you purchase a Digital Product, you are granted a single non-exclusive, revocable, royalty free worldwide licence to the product you have purchased. All Digital Products are for personal use only.

2.3 This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.

2.4 Sharing, reselling or distribution of Digital Products, as well as any other proprietary information owned by Amanda Westphal Counselling is prohibited.

REFUNDS, CANCELLATIONS AND RETURNS

3.1 Due to the digital nature of our products and courses, we do not offer a refund except where required by Australian Competition and Consumer Commission Law, therefore the onus is on you to read the product page thoroughly.

Amanda Westphal Counselling ACADEMY TERMS AND CONDITIONS OF USE

4.1 Upon joining a course or program offered by Amanda Westphal Counselling, you will be given access to a members’ only area through a secure login using an email and password and a link. You agree to not share your login credentials or the secure link with anyone for any reason. You will not share your username and password with any person who did not pay for access to this program. You also agree that you will not sell access to this site and will not sell any of its content without written permission.

4.2 Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.

4.3 You understand and agree to not place an unreasonable burden on the server hosting this site, to not interfere with the running of this web site and to not attempt unauthorized access to any portion of this web site.

4.4 You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.

4.5 You understand that the course outline is just a guide and not tailored to your individual needs and should you need more support to reach out to the crisis resources in your local area.

FINANCIAL OBLIGATIONS

6.1 You are responsible for the completion of all payment plans associated with your purchase of any Digital Product. We will seek recovery of any monies remaining unpaid via a Collection Agency.

6.2 You represent and warrant that when purchasing a Digital Product that any credit card or payment information you give us is accurate and complete; and, that any charges incurred by you will be honored by your financial institution or credit card company; and, that you will pay the charges incurred by you, including any and all taxes; and, that if your payment method is not honoured for any reason, you will still pay any incurred charges, including any surcharge we may incur due to the failed payment.

6.3 Failure to pay does not cancel your payment obligation. If we cannot collect your monthly payment, your access will be cancelled by us and an outstanding balance will be placed on your account. You are responsible for all outstanding balances whether or not you maintain an active student.

6.4 You hereby authorize Amanda Westphal Counselling to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance.

6.5 In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

LIMITATION OF LIABILITY

7.1 All content provided on the Site and in the Digital Products, including all podcast material, blog posts, free resources, online course and membership materials are the intellectual property of Amanda Westphal Counselling.

7.2 You are not permitted to steal our content and/or repurpose it as your own. The content of the Site and the Digital Products are protected by Australian law. You may not modify, publish, transmit, participate in the sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever, any content of the Site or the Digital Products, in whole or in part, without written content.

7.3 We reserve the right to immediately remove you, without refund, from any Digital Product you have purchased, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy.

INTELLECTUAL PROPERTY

8.1 Amanda Westphal Counselling or any of its officers, employees, agents or related bodies corporate shall be liable to you or anyone else for:

Any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction of, or damage or unauthorised access to, your computer system or network;

Any defamatory, infringing, offensive or illegal conduct or material found in connection with the Website, including such conduct or material transmitted by any means by any other person; or

Any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economic, consequential or punitive damages, or any legal costs, arising out of, or in connection with Amanda Westphal Counselling. The use of information and or advice provided by you through Amanda Westphal Counselling is general in nature;

8.2. You indemnify Amanda Westphal Counselling against any action, liability, claim, loss, damage, proceeding or expense (including legal costs) suffered or incurred by Amanda Westphal Counselling, arising out of, or in connection with Amanda Westphal Counselling. Your breach or non-observance of any term of these Terms of Service; Any Content submitted by you; or Any breach or inaccuracy in any representations or warranties made to Amanda Westphal Counselling by you.

7.4 You hereby authorize Amanda Westphal Counselling to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance.

AMENDMENT TO TERMS OF SERVICE

9.1 We may amend these Terms of Service at any time, so ensure that you check these terms periodically. All amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site. Your continued use of the Site and/or Digital Products and Services after a change to the Terms of Service constitutes an agreement by you to abide by and be bound by the amended Terms of Service.

REFUSAL OR DISCONTINUATION OF SERVICE

10.1 Amanda Westphal Counselling reserves the right to refuse access or discontinue service to any part of the Site or to any Digital Product to any order, person or entity without obligation to assign a reason for doing so.

10.2 Amanda Westphal Counselling may at any time change or discontinue any aspect or feature of the Site or Service.

ACCURACY AND ERROR DISCLAIMERS

11.1 We reserve the right to amend and/alter the pricing for Digital Products at any given time without prior notice.

11.2 We endeavour to describe and display Digital Products as accurately as possible. While we try to be as clear as possible, please do not accept that it is entirely accurate and error-free. From time to time, we may correct errors in pricing and/or descriptions. We reserve the right to refuse or cancel an order with an incorrect price listing.

11.3 The World Wide Web exists across open public networks that are neither secure nor private. Accordingly you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.

11.4 Amanda Westphal Counselling does not warrant that access to or use of the Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site including Digital Products are free from errors, viruses, worms, trojan horses or other harmful components.

11.5 You acknowledge that your access to and use of the Site including online course sites (including the software operating in connection with the Sites) may be interfered with by numerous factors outside Amanda Westphal Counselling’s control.

11.6 Every effort is made to keep the Site up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

11.7 The materials appearing on the Site and in Amanda Westphal Counselling Digital Products could include technical, typographical, photographic or other errors. Amanda Westphal Counselling does not warrant that any of these materials are accurate, complete or current. Amanda Westphal Counselling may make changes to the materials contained on its website at any time without notice, however does not make any commitment to update the materials.

GOVERNING LAWS

12.1 This agreement is governed by the law in force in the State of New South Wales and you agree to submit to the non-exclusive jurisdiction of the courts of NSW, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Service, the Site and/or the Digital Products and Services.

12.2 Amanda Westphal Counselling has designed the Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the Commonwealth of Australia.

12.3. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

If you have any questions, concerns or complaints about this Privacy Policy and Terms and Conditions, please contact us:

By email: [email protected]