Policies

1 About the website

1.1 Welcome to www.ajourneyofrecovery.com ('Website'). The Website provides services to businesses and individuals.

1.2 The Website is operated by A Journey of Recovery ('Me'). Access to and use of the Website, or any of its associated Products or Services, is provided by Me. Please read these terms and conditions ('Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3 A Journey to Recovery reserves the right to review and change any of the Terms by updating this page at its sole discretion. When A Journey to Recovery updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2 Acceptance of the Terms

2.1 You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by A Journey to Recovery in the user interface.

3. Copyright and Intellectual Property

3.1 The Website, the content and all of the related products (including digital downloads) of A Journey to Recovery are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by A Journey to Recovery or its contributors.

3.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Us, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(a) use the Website pursuant to the Terms; and

(b) copy and store the Website and the material contained in the Website in your device's cache memory.

A Journey to Recovery does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by A Journey to Recovery.

3.3 A Journey to Recovery retains all rights, title and interest in and to the Website and all related content (including digital downloads). Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name,

trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

3.4 You may not, without the prior written permission of A Journey to Recovery and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms.

4 Privacy

4.1 A Journey to Recovery takes your privacy seriously and any information provided through your use of the Website and/or content are subject to our Privacy Policy, which is available on the Website.

5 General Disclaimer

5.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

5.2 Subject to this clause 5, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) A Journey to Recovery will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

5.3 Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of A Journey to Recovery make any express or implied representation or warranty about the content or any products or content (including the products or content of Me) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the content or any of the products of Us; and

(d) the content or operation in respect to links which are provided for your convenience.

6 Limitation of liability

6.1 A Journey of Recovery's total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.

6.2 You expressly understand and agree that A Journey to Recovery, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

6.3 You acknowledge and agree that A Journey to Recovery holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.

7 Termination of Contract

7.1 If you want to terminate the Terms, you may do so by providing A Journey to Recovery with 14 days' notice of your intention to terminate by sending notice of your intention to terminate to A Journey to Recovery via email to ajourneyofrecovery@mail.com.

7.2 A Journey to Recovery may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) A Journey to Recovery is required to do so by law;

(c) A Journey to Recovery is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or

(d) the provision of the Services to you, is in the opinion of A Journey to Recovery, no longer commercially viable.

7.3 Subject to local applicable laws, A Journey to Recovery reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts A Journey to Recovery’s name or reputation or violates the rights of those of another party.

7.4 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and A Journey to Recovery have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

8 Indemnity

8.1 You agree to indemnify A Journey of Recovery, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c) any breach of the Terms.

9 Dispute Resolution

9.1 Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

9.2 Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

9.3 Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Brisbane, Australia.

9.4 Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

9.5 Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

10 Venue and Jurisdiction

The Services offered by A Journey to Recovery is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

11 Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to

the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

12 Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

13 Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Approved by A Journey to Recovery this 7^th day of September 2024.

 

1 We respect your privacy

1.1 A Journey of Recovery ('Us') respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out we collect and treat your personal information.

1.2 We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR).

1.3 'Personal information' is information Us holds which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.

1.4 You may contact us in writing at ajourneyofrecovery@mail.com for more information about this Privacy Policy.

2 What personal information is collected

2.1 We will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.

2.2 You may provide basic information such as your name, phone number, address and email address to enable us to deliver your products, send you information, provide updates and process your product or other service order.

2.3 We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

2.4 Additionally, we may also collect any other information you provide while interacting with us.

3 How we collect your personal information

3.1 We collect personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

3.2 By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.

4 How we use your personal information

4.1 We may use personal information collected from you to provide you with information about our products and services. We may also make you aware of new and additional products, services and opportunities available to you.

4.2 We will use personal information only for the purposes that you consent to. This may include to:

(a) provide you with products and services during the usual course of our business activities;

(b) administer our business activities;

(c) manage, research and develop our products and services;

(d) provide you with information about our products and services;

(e) communicate with you by a variety of measures including, but not limited to, by telephone, email, sms, direct message or mail; and

(f) investigate any complaints.

If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.

4.3 We may disclose your personal information to comply with a legal requirement, such as a

law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.

4.4 If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.

5 Disclosure of your personal information

5.1 We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.

5.2 If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.

6. General Data Protection Regulation (GDPR) for the European Union (EU)

6.1 We will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.

6.2 We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.

6.3 We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.

6.4 We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.

6.5 We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.

6.6 We will process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.

6.7 We do not collect or process any personal information from you that is considered 'Sensitive Personal Information' under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.

6.8 You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.

7 Your rights under the GDPR

7.1 If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. Us complies with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU.

7.2 Except as otherwise provided in the GDPR, you have the following rights:

(a) to be informed how your personal information is being used;

(b) access your personal information (we will provide you with a free copy of it);

(c) to correct your personal information if it is inaccurate or incomplete;

(d) to delete your personal information (also known as 'the right to be forgotten');

(e) to restrict processing of your personal information;

(f) to retain and reuse your personal information for your own purposes;

(g) to object to your personal information being used; and

(h) to object against automated decision making and profiling.

7.3 Please contact us at any time to exercise your rights under the GDPR at the contact details in this privacy policy.

7.4 We may ask you to verify your identity before acting on any of your requests.

8 Hosting and International Data Transfers

8.1 Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia.

8.2 We and our other group companies have offices and/or facilities in Australia. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Us.

8.3 The hosting facilities for our website are situated in the United States of America and Australia. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Us.

8.4 Our Suppliers and Contractors are situated in the United States of America and Australia. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Us.

8.5 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

9 Security of your personal information

9.1 We are committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

9.2 Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.

9.3 The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

10 Access to your personal information

10.1 You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at ajourneyofrecovery@mail.com.

10.2 We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth) or any other applicable law.

11 Complaints about privacy

11.1 If you have any complaints about our privacy practices, please feel free to send in details of your complaints to ajourneyofrecovery@mail.com. We take complaints very seriously and will respond after receiving written notice of your complaint.

12 Changes to Privacy Policy

12.1 Please be aware that we may change this Privacy Policy in the future. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website. Please check back from time to time to review our privacy policy.

13 Website

13.1 When you visit our website

When you come to our website (www.ajourneyofrecovery.com), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

13.2 Cookies

We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings.

However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.

13.3 Third party sites

Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

Approved by A Journey to Recovery this 7^th day of September 2024.

 

1 General

1.1 This Refund Policy ('Policy') of A Journey to Recovery ('Me').

1.2 This Policy applies to purchases made through the website (www.ajourneytorecovery.com) and/or through my social media pages.

1.3 I offer refunds, repairs and replacements in accordance with Schedule 2 of the Competition and Consumer Act 2010 (Cth) ('Australian Consumer Law') and on the terms set out in this Policy.

1.4 Any benefits set out in this Policy may apply in addition to consumer's rights under the Australian Consumer Law.

1.5 Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from Me if you are not satisfied with your order.

2 Australian Consumer Law

2.1 Under the Australian Consumer Law:

(a) My goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service you are entitled:

(i) to cancel your service contract with Me; and

(ii) to a refund for the unused portion, or to compensation for its reduced value.

(b) You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

2.2 I offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.

2.3 The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.

2.4 If the Australian Consumer Law applies, then I cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.

2.5 Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.

2.6 If a product or service which you purchased from Me has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.

2.7 If a product or service which you purchased from Me has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.

3 Refund

3.1 I do not offer refunds for digital downloads, and I strongly note as follows:

(i) my products cannot and should not replace therapy and/or professional interventions; and

(ii) results may vary depending on your personal history, any existing mental health issues, and/or the way in which the digital download is used; and

(iii) you must reassure yourself before purchasing a digital download that it is suitable for your circumstances and needs.

3.2 I do not offer any refund or replacement in any of the following circumstances:

(a) you change your mind after purchasing a product or service; and/or

(b) you find the same product or service cheaper elsewhere; and/or

(c) you believe that the product is not suitable for your circumstances or needs.

3.3 In the event that a digital download has been damaged or corrupted during delivery, I will replace it free of charge, subject to the provisions in sections 4 and 5 herein.

4 Electronic products damaged during delivery

4.1 In the event an electronic file you ordered has been damaged during delivery, you must contact Me within 7 days of receiving the file, so I can arrange to replace the damaged file.

5 Exceptions

5.1 Not withstanding the other provisions of this Policy, I may refuse to provide a replacement file purchased by you if:

(a) You misused the said product in a way which caused the problem;

(b) You knew or were made aware of the problem(s) with the product or service before you purchased it;

(c) You asked for a service to be done in a certain manner, or you asked for alterations to a product, against my advice, or you were unclear about what you wanted; and/or

(d) You have indicated that you intend to use the product for commercial purposes and/or to re-distribute it or to otherwise infringe my Intellectual Property rights under Australian law; and/or

(e) Any other exceptions that apply under the Australian Consumer Law.

6 Contact us

6.1 If you wish to speak to Me about this Policy or about any refund, repairs or replacements, please contact Me by email to ajourneyofrecovery@mail.com.

Approved by A Journey to Recovery this 7^th day of September 2024.